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(영문) 대구지방법원 서부지원 2014.12.05 2014고정1044
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a user who runs a mobile phone wholesale and retail business using two full-time workers under the trade name of “C” located in Seogu-gu, Daegu.

An employer shall specify wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver workers with documents specifying the constituent items, calculation methods, payment method, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree.

Nevertheless, on June 25, 2013, the Defendant concluded a labor contract with workers D in the above “C” store, and did not deliver to workers D a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree.

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 500,000 won to be suspended;

1. Articles 70 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 that has no same kind of electric power and

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