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(영문) 수원지방법원 평택지원 2014.11.27 2014고정540
근로기준법위반
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. 10,000 won if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant, as the representative director of D in Pyeongtaek-si C, is an employer who runs a construction business by using 20 full-time workers. When concluding a labor contract, the employer shall clearly state working conditions, such as wages, contractual hours, holidays, annual paid leaves, etc. In such cases, he/she shall provide the workers with the matters concerning the composition of wages, methods of calculating wages, methods of payment, contractual work hours, holidays, and annual paid leaves, while the defendant shall provide the workers with written details, he/she is working from June 1, 201 to December 31, 2011.

On June 1, 201, when concluding a labor contract with E with retired workers, it did not provide the workers with a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the statutes governing settlement, such as a certificate of income tax withholding and retirement allowance, and certificate of employment;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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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