근로기준법위반
The sentence of sentence against the defendant shall be suspended.
Punishment of the crime
The defendant is a business owner who ordinarily employs three workers in the name of Ulsan-gun B from Ulsan-gun to C, and engages in the business of delivering meal services.
1. When concluding a labor contract with D on May 7, 2015, the Defendant violated the Labor Standards Act due to the failure to provide a written statement specifying working conditions, the Defendant did not issue a written statement specifying matters concerning the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leave.
2. An employer who violates the Labor Standards and Laws due to non-working hours during a recess shall grant workers a recess of not less than thirty minutes during working hours in case of four hours;
Nevertheless, during the period from May 7, 2015 to June 1, 2015, the Defendant, while having D in charge of delivering meal services at the said place of business, did not have worked for 7 hours a day, and did not work for 30 minutes or longer during the working hours.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Application of Acts and subordinate statutes governing fact-finding, including telephone;
1. Article 114 subparag. 1 of the relevant Act, Article 114 subparag. 1 of the Labor Standards Act, Article 17(1) of the Act on the Standards for Selective Labor (a violation of the duty to specify the working conditions), Articles 110 subparag. 1 and 54(1) of the Labor Standards Act (a violation of the duty to provide the working conditions) concerning criminal facts, and the selection of each fine;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act, as the aggravated punishment for concurrent crimes;
1. A fine not exceeding 300,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59-1 (1) of the Criminal Act of the Suspension of Sentence (Consideration of sentence and agreement with the victim, and considering the details leading to this case, the circumstances leading to this case, etc. after the crime);