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(영문) 창원지방법원 통영지원 2020.05.14 2020고단286

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is an employer who has operated service business with two full-time workers at the third floor of B building in a macro-city with the trade name of “C”.

When an employer concludes a labor contract, he/she shall clearly state working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc.

Nevertheless, on April 1, 2019, the Defendant employed D as a two-time manager at the above workplace, and did not prepare a labor contract specifying the above working conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to protocol of complainant statement;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the background leading up to the instant crime, the circumstances after the instant crime, and the fact that the Defendant is against the Defendant, shall be determined as the Disposition.