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(영문) 서울중앙지방법원 2020.09.28 2020고정1361

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of “C” in Seoul Jung-gu, Seoul, who is an employer engaged in restaurant business with five full-time workers.

1. An employer who has violated the prohibition of violence shall not assault a worker for the occurrence of accidents or for any other reason;

Nevertheless, at around 15:00 on July 9, 2019, the Defendant assaulted the employees in consideration of the face part of the above workers at one time, on the ground that D(30 years of age) who is an employee is bad and bad.

2. An employer who violates the duty to deliver a written employment contract shall deliver the worker a written document specifying the composition items, calculation method, payment method, and contractual work hours of wages related to wages, holidays and annual paid leave when concluding the employment contract;

Nevertheless, the Defendant, within the above C on January 12, 2019, did not issue to the employee D a document stating the elements of wages, calculation method, payment method and contractual work hours, holidays, and annual paid leave when concluding a labor contract with D, which is an employee.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to written statements;

1. Relevant Article 107 and 8 of the Labor Standards Act concerning facts constituting an offense, and Articles 114 and 17 (2) of the Labor Standards Act (a point of delivery in writing);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act include all the following factors: (a) the accused, who led to the confession of each of the instant offenses; (b) there is no criminal record exceeding the fine; and (c) there is no criminal record of the same kind; (d) the content and degree of the accused’s tangible power exercised; (b) the size of the workplace of the accused; (c) the character and conduct and environment of the accused; (d) the motive, means and consequence