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(영문) 대전지방법원 2020.10.07 2020고정695
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who runs a health business with five regular workers, who is a sex outdoor company and representative located in Daejeon Dong-gu B.

An employer shall, when concluding a labor contract, clearly state the 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 to the workers, and shall deliver written statements specifying the items of wages, calculation methods, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to the workers.

Nevertheless, from April 1, 2019 to February 29, 2020, the Defendant did not enter into an employment contract that specifies the working conditions with D and retired workers, and did not deliver the document specifying the working conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the statement of judicial police concerning D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Do1148

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