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(영문) 수원지방법원 2018.07.19 2018고정994
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 an employer who engages in a household manufacturing business by employing four full-time workers at a board factory located in the area B of the wife population in Young-si.

When an employer concludes a labor contract, he/she shall clearly state wages, fixed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree, and in such cases, he/she shall deliver written statements specifying the constituent items of wages, calculation methods, and methods of paying wages, small working hours, holidays, and annual paid leaves to workers.

In that sense, the Defendant did not issue each written statement to the employees stating the items of wages, calculation method, payment method, and small work hours, holidays, and annual paid leave when concluding a labor contract with D that served from May 2, 2017 to May 31, 2017 at the above workplace, and from April 24, 2017 to May 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to C and D

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 (2) of the Labor Standards Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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