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(영문) 서울중앙지방법원 2015.12.15 2015고정3073

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is an actual operator of a Do restaurant located in the Gangnam-gu Seoul Metropolitan Government 1st floor, who runs a restaurant business using three full-time workers.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the Labor Standards Act

Nevertheless, the Defendant is working from October 9, 2014 to October 19, 2014 at the above workplace, such as the list of crimes in the attached Form.

In concluding a labor contract on October 9, 2014 with three retired workers, such as retired workers E, etc., no written document stating the composition items, calculation method, payment method, contractual hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the Labor Standards Act was issued to each worker, respectively.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police officer in relation to E, F and G;

1. Work days;

1. Application of the details of confirmation of telephone and other Acts and subordinate statutes;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) and (1) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;