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(영문) 광주지방법원 2016.09.28 2016고정1378
근로기준법위반
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant is a third representative in South Sung-gun Group B, who employs seven full-time workers and operates social welfare business.

An employer shall clearly state wages, prescribed hours of work, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree at the time of concluding a labor contract, and shall deliver written statements specifying the items of wages, methods of calculating wages, methods and methods of paying wages, small hours of work, holidays referred to in Article 55 of the Labor Standards Act, and annual paid leaves referred to in Article 60 of the Labor Standards Act to workers.

In doing so, the Defendant did not deliver to the said D a document stating the items of wages, the method of calculating wages, the method of paying wages, and the fixed working hours, the holiday under Article 55 of the Labor Standards Act, the annual paid leave under Article 60 of the Labor Standards Act, and the annual paid leave under Article 60 of the Labor Standards Act, when concluding a labor contract with D and D that were employed from December 20, 2012 to December 19, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 114 subparagraph 1 of the Labor Standards Act, Article 17 (2) and Article 17 (1) of the relevant Act on criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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