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(영문) 서울중앙지방법원 2020.04.22 2020고정41

근로기준법위반등

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The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Jung-gu, Seoul and the first floor C, who is an employer as a person in charge of operating a manufacturing business with five full-time workers.

When an employer concludes a labor contract, he/she shall clearly state 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.

In such cases, a document stating the items, calculation method and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act shall be delivered to workers.

Nevertheless, the defendant is working from May 14, 2018 to August 31, 2019 at the above workplace.

Withdrawn E and May 24, 2018 did not deliver a document specifying the working conditions, such as wages, when concluding a labor contract.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. A fine not exceeding 700,000 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. The portion of rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 59(1)); Article 59(1) of the same Act (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488

1. The Defendant is the representative director of the D Co., Ltd. in Jung-gu Seoul, Jung-gu, and the first floor C, who runs a manufacturing business with five full-time workers, and is an employer.

An employer shall retire from his office.