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(영문) 의정부지방법원 고양지원 2019.10.30 2019고단2447
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

Criminal facts

The Defendant is an employer who conducts food manufacturing business by employing workers under the trade name of “D” in the B building C Dong at the time of the Gyeonggi-si.

When an employer concludes a labor contract, he/she shall deliver the worker with a written document specifying working conditions, such as wages, working hours, holidays, etc.

Nevertheless, on September 1, 2017, the Defendant did not deliver a document specifying working conditions when concluding a labor contract with workers E at the same workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 114 Subparag. 1 and Article 17 of the Labor Standards Act regarding criminal facts and the selection of fines (the defendant asserts that he/she was in a partnership relationship with E, but the content of the partnership is unclear, such as distribution of profits, investment, loss burden, etc. because there was no specific partnership agreement with E, and even if the defendant's assertion was made, it is not clear whether he/she was in a partnership relationship with E solely with the data submitted by the defendant, and it is not clear whether the defendant was in a partnership relationship with E, and it is not clear whether the defendant's argument

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

1. Part of the stay of execution under Article 62 (1) of the Criminal Act (Consideration of the circumstances leading to the occurrence of the case in this case and the agreed point agreed upon with E);

1. The summary of the facts charged is an employer who engages in food manufacturing business by employing a worker under the trade name “D” in the building C Dong of the building B at the time of the sports strike.

When a worker dies or retires, he/she shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, from September 1, 2017 to July 18, 2018, the Defendant’s wages of KRW 2,196,666 among the parties to a labor contract.

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