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(영문) 대구지방법원 2014.10.08 2014고정1674
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the actual representative of the E Institute located in Daegu Suwon-gu D, who runs a specialized driving school business with 20 full-time workers.

An employer shall clearly state wages, contractual working hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, documents stating the items, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leave referred to in Article 60 shall be delivered to workers.

Nevertheless, the defendant works in the above workplace.

On December 6, 2010, when concluding a labor contract with the retired F and the employee on December 6, 2010, the document stating the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 was not delivered to the employee.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the F of each police protocol of statement to the F;

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Code of the Suspension of Sentence (the first offense, the defendant paid all the unpaid money and goods to F and agreed to do so, the circumstances of this case, etc.) of the Criminal Code, and the defendant and his defense counsel asserted that the defendant and his defense counsel did not prepare the F and the contract, which are not workers, in writing and do not constitute a violation of the Labor Standards Act even if they merely verbally, and that the preparation of the F and the written contract, which are not workers,

However, according to the evidence duly adopted and examined by this court, F is not a teacher of a driving school.

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