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(영문) 대전지방법원 2019.06.27 2019고정480
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of D points in Daejeon Pdong building C and is an employer who runs restaurant business using three regular workers.

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, matters concerning the constituent items, calculation method, payment method, contractual working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker.

Nevertheless, the Defendant concluded a labor contract with a person in charge of production and store on August 13, 2018 without specifying in writing wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the statement of the police officer (appellant) of E;

1. Application of Acts and subordinate statutes to confirm the fact of telephone, etc. (30 pages of investigation records);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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