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(영문) 부산지방법원 2020.10.22 2020고정754
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd., which is located in Busan B building C in the Gu of Busan, who runs a construction and real estate business with two full-time workers.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by the Enforcement Decree of the same Act, and shall deliver written statements specifying the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 55 of the same Act, and annual paid leaves under Article 60 of the same Act to workers.

Nevertheless, the Defendant concluded a labor contract with workers E on November 25, 2019 at the above workplace, and did not deliver to the above E a written statement specifying the above working conditions.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes to the statement and entry protocol of the complainant's statement to E;

1. Article 114 subparagraph 1 of the Labor Standards Act and Articles 117 (2) of the Labor Standards Act, which provide for a fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (the conversion of 100,000 won into one day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do1448, Apr. 2, 2007);

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