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(영문) 의정부지방법원고양지원 2020.11.12 2020고정668
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Co., Ltd. C in Gyeyang-gu Seoul Metropolitan City B, who runs transportation business using 50 full-time workers.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the relevant worker.

Nevertheless, the defendant works as a driver from November 19, 2018 to December 6, 2019 at the above workplace.

A retired D and a driver shall work as a retired engineer from December 12, 2018 to December 11, 2019.

When concluding an employment contract with retired E, it did not deliver to the workers a written document specifying the matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F to police statements E and D respective authentic statutes;

1. Relevant Article 114 Subparag. 1 of the Labor Standards Act, Articles 117(2) and (1) of the same Act, and Articles 17(2) and (1) of the same Act, the selection

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the charge of dismissing the prosecution under Article 334(1) of the Criminal Procedure Act is as follows: (a) the defendant, as the representative of C Co., Ltd., the employee of D, the sum of KRW 441,760 in November 2018, KRW 181,724 in December 2018, KRW 734,80 in annual paid leave allowances, KRW 1,358,284 in total, and KRW 734,80 in annual paid leave allowances, KRW 2,093,084 in total, KRW 734,80 in annual paid leave allowances, and KRW 2,093,084 in total, shall be 14 days from the date of each retirement without agreement between the parties on the extension of the payment

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