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(영문) 서울중앙지방법원 2017.06.20 2016고정4267

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Jongno-gu Seoul Metropolitan Government 4th floor C in the Jongno-gu B Building and is a user who is engaged in a service business of massage places by using approximately ten full-time workers.

When concluding a labor contract, an employer shall deliver workers a written document specifying the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leaves.

Nevertheless, the defendant did not issue to D who was employed in the above workplace a written statement specifying the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written petition filed by D;

1. Application of statutes on business cards and business registration certificates;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1), including the fact that the defendant acknowledges and reflects the defendant's mistake, the fact that the defendant has agreed smoothly with the victim, the defendant has no criminal history of the