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(영문) 광주지방법원 목포지원 2017.05.18 2017고정207

근로기준법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of the C located in Sipopopo City, who runs the wholesale and retail business using three full-time workers.

An employer shall clearly state wages, prescribed working 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 in concluding an employment contract.

In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act shall be specified in writing and delivered to the worker at the request of the worker.

Nevertheless, the defendant employed the above workplace from December 15, 2016 to January 4, 2017 and retired D on December 15, 2016, and did not specify in writing matters concerning the composition items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on business registration certificates;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (1) 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;