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(영문) 인천지방법원 부천지원 2018.11.15 2018고정685

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the C Burial in Bupyeong-si, who is a full-time worker and operates a food store business.

An employer shall clearly state wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements in which matters concerning the constituent items of wages, methods of calculating and paying wages, prescribed working hours, and holidays referred to in Article 55 of the Labor Standards Act are specified.

Nevertheless, when concluding a labor contract with D who entered into on October 24, 2017, the Defendant did not deliver a document stating matters concerning the constituent items, calculation method, and payment method of wages, prescribed working hours, and holidays under Article 55 of the Labor Standards Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;

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

1. Article 59(1) of the Criminal Act of the suspended sentence [300,000 won in penalty and one day in the custody of a workhouse;

z. According to the records, the defendant committed the crime of this case because he did not think of important matters concerning the preparation of a labor contract as a small business operator, and the defendant will prepare a labor contract in the future.

shall be taken into account the fact that such action is taken.