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(영문) 창원지방법원 진주지원 2015.06.17 2014고정404

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The defendant is a representative D in Dong-dong, Chungcheongnam-gun, and is an employer who runs a food manufacturing and processing business (place, etc.) using three full-time workers.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays, annual paid leave, and other working conditions for workers.

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

Nevertheless, the Defendant did not specify in writing the working conditions of F, who was employed on December 20, 2012, while working in four sites, such as the Embryp store located in the Geum-gu, Busan, and did not deliver them.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Application of the Acts and subordinate statutes on witness F and G’s respective statutory statements;

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 300,000 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 Code of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Code (Article 59(1) appears to have caused a dispute over whether or not to pay wages between the Defendant and F, although it appears that the Defendant could not prepare a labor contract between F and F on the wind of having the Defendant input the F, introduced by telephone, and the F did not receive some wages, and there was no objection or complaint regarding the fact that the labor contract, etc. was not prepared in a regular manner (Article 59(1) of the Criminal Code).

(2) the defendant shall be subject to a fine on two occasions.