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(영문) 수원지방법원 안산지원 2019.01.23 2018고정828

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the (State)C located in Si Heung-si, who is an employer who runs a manufacturing business using one full-time worker.

When an employer concludes a labor contract, he/she shall clearly state in writing matters concerning the composition items, calculation method, payment method, prescribed working hours, holidays and annual paid leave to the worker, and deliver the specified documents to the worker.

Nevertheless, on July 26, 2018, when concluding a labor contract with a worker D, the Defendant did not deliver a document stating the constituent items, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 114 of the relevant Act on Criminal facts and Articles 114 subparagraph 1 and 17 of the Labor Standards Act on the Selection of Punishment;

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;