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(영문) 서울남부지방법원 2015.10.28 2015고정1566
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a manager of C, a corporation located in Yeongdeungpo-gu Seoul Metropolitan Government, who employs two full-time workers and operates web development business, etc.

1. An employer who assaults a worker shall not assault the worker for the occurrence of an accident or for any other reason;

On July 22, 2014, the Defendant assaulted the victim’s arms and neck with her hand on the ground that the victim D (the age of 22) who worked at the said company office as a web designer was negligent in performing his duties and did not work promptly as ordered by the Defendant.

2. An employer who fails to deliver a written labor contract shall specify working conditions, such as wages, working hours, and paid leave, in concluding the labor contract, and shall deliver a written document in which the items, calculation method, payment method, matters concerning paid leave, etc. of wages are specified;

On March 3, 2014, when concluding a labor contract with workers D, the Defendant did not prepare and deliver in writing a written employment contract specifying working conditions, such as wages, working hours, and paid leave, at the same workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A written petition;

1. The content of text messages and the application of Acts and subordinate statutes;

1. Relevant Article 107 and Article 107 of the Labor Standards Act as to facts constituting an offense, and Articles 8 of the Labor Standards Act, Article 114 subparagraph 1 of the Labor Standards Act, and Article 17 of the Labor Standards Act (which is not a delivery of an employment contract);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant’s assertion and judgment under Article 334(1) of the Criminal Procedure Act

1. As to the assertion and judgment regarding the point of assault, the Defendant infringed on the Defendant’s personality right by insulting speech, such as whether the victim sold a sound to himself or herself, and defends it.

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