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(영문) 부산지방법원 2017.06.29 2016고정4180

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The defendant is the representative director of Pyeongtaek-si Co., Ltd. D who is a business owner who has an office in Busan Dong-gu E and the second floor and employs 20 full-time workers and operates a competitive business.

An employer shall clearly state wages, fixed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the items constituting wages, calculation methods, prescribed working hours, prescribed methods of payment, holidays, and annual paid leaves to workers.

Nevertheless, the Defendant did not deliver to F a document specifying working conditions, such as the constituent elements, calculation method, and payment method of wages, when concluding a work contract with FF that retired from work in the above workplace on April 1, 2015.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Statement made by the police with regard to F;

1. Collection of workplace information (the fourth page of investigation records), details of account transactions (the 14th page of investigation records) and the application of statutes;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;