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(영문) 서울중앙지방법원 2014.05.15 2014고정1675
근로기준법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a C representative in Gangnam-gu Seoul and the first floor who operates a restaurant with two regular 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 Presidential Decree.

In such cases, the employer shall clearly state in writing the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the same Act, and deliver a document stating the above matters to the worker at his/her request

Nevertheless, the Defendant is working from October 12, 2013 to January 2, 2014, on the spot of negligence in the above workplace.

When concluding a labor contract with a retired worker D, it did not specify in writing wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Acts concerning facts constituting an offense, and Articles 114 and 17 of the Labor Standards Act selection of penalties;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence [Special Consideration is given to the fact that the defendant confessions and reflects the crime in this case, and that there are circumstances to consider the circumstances leading to the crime in this case];

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