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(영문) 수원지방법원 성남지원 2014.09.19 2014고정1360

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the C representative in Gwangju City, who runs a furniture manufacturing business using 20 full-time workers.

An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract.

In such cases, matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave shall be specified in writing and delivered to the worker at his/her request.

Nevertheless, the Defendant did not specify working conditions other than wages when concluding a labor contract on November 4, 2013 with D working conditions in the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Extradition Report Act

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the first offender, the violation of a crime, and the details of the crime);