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(영문) 서울북부지방법원 2018.01.11 2017고정1816
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 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 a representative director of Seongbuk-gu Seoul Metropolitan Government D (ju) who has been operating a fire-fighting facility construction business by ordinarily using 12q workers.

An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements indicating the main contents of wages, calculation methods, methods of payment, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to workers.

Nevertheless, the Defendant did not deliver to the employees a written statement on the constituent elements, calculation method, payment method, prescribed working hours, holiday pursuant to Article 55, and annual paid leave pursuant to Article 60, while concluding a labor contract with E on July 28, 2014, which is employed as a fire-fighting machine installer from July 28, 2014 to October 7, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes reporting criminal place

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;

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