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(영문) 서울중앙지방법원 2013.06.26 2013고정769
근로기준법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who employs ten full-time workers at the 9th floor of Gangnam-gu Seoul Metropolitan Government, and operates E by educational service business company.

1. On March 26, 2012, the Defendant violated the obligation to specify in writing working conditions did not deliver to the said F a document stating the items of wages, calculation method, payment method, prescribed working hours, holidays, annual paid leave, etc. in the employment contract, when employing a worker F in the above company employed a worker F.

2. The defendant who violated his obligation to liquidate wages, etc. from March 26, 2012 to the same year.

4. Until March 13, 200, the company is working in the above company.

Withdrawn F’s wage of KRW 1,031,780 on April 2012 was not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to F of the protocol of statement by the police complainants;

1. Article 114 subparag. 1, Article 17(2) of the Labor Standards Act (Violation of the duty to specify in writing the working conditions), Articles 109(1), 36 of the Labor Standards Act, and selection of fines for a crime;

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

1. Punishment to suspend the sentence: Fine of 300,000 won;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (50,000 won per day);

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Code of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Code (see, e.g.

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