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(영문) 대구지방법원 2016.01.20 2015고정2782

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is the employer who is the representative of C private teaching institutes in Daegu-gu B and has been operating educational service business using three full-time workers.

An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the composition, calculation method, and payment method of wages, small working hours, holidays, and annual paid leaves to workers.

Nevertheless, when concluding a labor contract with D on September 2, 2015, the Defendant did not specify in writing matters concerning the working conditions and did not deliver them.

Summary of Evidence

1. A protocol concerning the examination of suspect of the special judicial police officer against the accused;

1. Application of statutes governing statements made by special judicial police officers to D;

1. Article 114 of the relevant Act concerning facts constituting an offense, and Articles 114 subparagraph 1 and 17 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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