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(영문) 대전지방법원 천안지원 2015.11.26 2015고정779

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a user who operates a specialized construction business using 17 full-time workers as a real manager of D Co., Ltd. in Seo-gu, Seoan-gu, Seoan City.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, the employer shall deliver to the worker a document specifying the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 55 of the Labor Standards Act, and the matters concerning the annual paid leave under Article 60.

Nevertheless, the suspect is working in the workplace from March 9, 2015 to April 23, 2015.

When concluding a labor contract with retired workers E, it was not issued in writing specifying the items of wages, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes stating the highest notice, copy of passbook, etc.;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

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

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

1. The grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence receive wages and agreed with the Defendant’s side, the Defendant’s prior domicile was desired, and the Defendant did not have any record of criminal punishment except for a fine imposed once due to a crime of different types of crime in around 1985, and the Defendant’s recognition of the crime and reflects on it, as well as various conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, character and conduct, and environment