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(영문) 대전지방법원 홍성지원 2015.09.04 2015고정165
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the D Driving Schools in the second floor of the Haak-gun, Chungcheongnam-gun, who operates a private teaching institute business with four 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, and other working conditions for the worker.

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

Nevertheless, when concluding a labor contract on December 11, 2013 with the above workers E, the Defendant did not state in writing matters concerning the constituent items, calculation method, payment method of wages, contractual work hours, holidays, and annual paid leave, and did not deliver them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Articles 114 and 17 of the Labor Standards Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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