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(영문) 인천지방법원 2019.03.29 2019고정220

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Incheon Jung-gu building C, who runs transportation and warehouse business using 18 regular workers.

When an employer concludes a labor contract, he/she shall clearly state the matters concerning wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree, and shall prepare and deliver a document in which matters concerning the composition, calculation method, payment method of wages, contractual work hours, and holidays under Article 55 of the Labor Standards Act are specified

Nevertheless, the Defendant is working from April 17, 2017 to November 1, 2018 at the above workplace.

On April 17, 2017, the retired E and April 17, 2017, did not prepare and deliver to the worker E a document specifying the matters concerning the composition, calculation method, and payment method of wages, contractual hours, and holidays under Article 55 of the Labor Standards Act.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter, considering the reason for sentencing) shows the attitude of recognizing and opposing the instant crime.

The crime of this case does not seem to be a malicious violation of the law, and the defendant is not guilty of the crime.

The defendant has been sentenced to a fine of different species and only one time.

In addition, the sentence against the defendant shall be suspended by comprehensively taking into account the following factors: the defendant's age, character and conduct, the environment, the circumstances leading to the crime of this case, and the result thereof, the circumstances after the crime, etc., and all the sentencing conditions