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(영문) 인천지방법원 부천지원 2018.03.22 2018고정150
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the C in Bupyeong-si B and the first floor, who ordinarily employs three workers, and operates food business (a coffee specialty) using three regular workers.

An employer shall clearly state wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements stating the items constituting wages, methods of calculating and paying wages, prescribed working hours, and matters concerning holidays referred to in Article 55 to workers.

Nevertheless, while entering into an employment contract with D and D that retired from the above workplace from August 18, 2017 to August 22, 2017, the Defendant did not issue a document stating matters concerning the calculation method of wage constituent items, payment method, prescribed working hours, and holidays under Article 55.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the criminal place;

1. Application of Acts and subordinate statutes to inquire about business registration;

1. Article 114 of the relevant Act concerning facts constituting an offense, and Articles 114 subparagraph 1 and 17 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Act (200,000 won for punishment, one hundred thousand won for detention in the workhouse, one day) of the suspended sentence are recognized as erroneous and contradictory to the defendant, the period of employment of the worker in this case is short and night work, and there seems to be extenuating circumstances to consider that the defendant was unable to deliver the document stating the working conditions to the above worker, the defendant paid the pre-employment allowance to the above worker, the fact that the defendant appears to have delivered the document stating the working conditions to the other worker, the defendant has no record of punishment for the same kind of crime, and the above worker has no record of dismissal, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions such as the order.

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