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(영문) 인천지방법원 2019.02.12 2018고정1926
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of C in the first floor of the building in Nam-gu Incheon Metropolitan City, who runs food business using one regular worker.

An employer shall clearly state 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 workers when concluding a labor contract, and shall deliver written statements in which matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 are specified.

Nevertheless, when concluding a labor contract with D as of September 11, 2017 to January 4, 2018 at the above workplace, the Defendant did not prepare a document stating matters concerning each wage constituent item, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60, and did not deliver it to workers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing D’s petition;

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. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1) shall include the fact that there is no record of other crime except that the defendant has been sentenced to a fine once for a crime of different species;

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