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(영문) 대전지방법원 천안지원 2016.01.29 2015고정1158
근로기준법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the business owner of the D Co., Ltd. in the Nam-gu Seoul Metropolitan City, and is the employer who runs the business of manufacturing lub oil by employing two full-time workers.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual period, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree, and shall deliver written documents specifying the items constituting the wages, the calculation method, payment method, prescribed working hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, while concluding a labor contract on September 1, 2014 to March 17, 2015 with E retired from office as a production-management worker, the Defendant did not deliver to the employees a written document specifying the items of wages, calculation method, payment method, prescribed hours of work, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined by taking account of the fact that the Defendant committed a crime with a long period of foreign life, and that there is only the past record of being punished three times by a fine for another type of crime.

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