logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.05.22 2014고정373
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the user who runs food business by ordinarily employing one worker as the representative of “D” in the 101, Orcheon-gu C Building 101.

An employer shall, when concluding a labor contract, specify wages, holidays, etc. to the workers and deliver the workers in writing specifying the composition items, calculation method, payment method, etc. of wages.

Nevertheless, the Defendant, at the above place of business, was in service from December 28, 2013 to January 12, 2014 and entered into a labor contract with E that retired, and did not specify in writing working conditions, such as wages, holidays.

(b) An employer shall not have those under 18 years of age work from 10 p.m. to 6 a.m., except in cases where there exists an agreement of those under 18 years of age, with the head of the Ministry of Employment and Labor attached a written consent

Nevertheless, the defendant worked for E (F students, full 16 years old) who retired from the above workplace and worked for E (F students, full 16 years old) at night after 10 p.m. without the approval of the Minister of Employment and Labor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the statement made by judicial police officers in E;

1. Article 114 subparagraph 1 of the Labor Standards Act, Article 17, subparagraph 1 of Article 110, Article 70 (2) of the same Act concerning facts constituting an offense;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow