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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Sungnam-si building B and D in subparagraph c, who is an employer who employs three regular workers and operates restaurant business.
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. In such cases, although an employer shall deliver to the workers a document specifying the items and methods of calculating wages, methods of payment, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60, the Defendant did not comply with the conclusion of the labor contract with E employed in the said workplace on March 5, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on witness E's partial statement;
1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where an employer intends to dismiss a worker, he/she shall give the advance notice at least 30 days prior to the dismissal, and where he/she fails to give the advance notice 30 days prior to the dismissal, he/she shall pay at least 30 days’ ordinary wages at the workplace, despite that the Defendant, who was employed from March 5, 2018, on March 25, 2018, did not pay the amount equivalent to 30 days’ ordinary wages on the date of dismissal on the date of immediate dismissal.
2. Article 26 of the Labor Standards Act provides that the ordinary wages of 30 days shall be paid to workers if the worker does not pre-determination of dismissal within 30 days, but Article 26 of the Labor Standards Act, which is the basis provision for pre-determination of dismissal, provides that Article 35 subparagraph 5 of the Labor Standards Act, does not apply to “worker employed in a probation
E was the police who did not hear the explanation that he is employed as a training employee at the time of concluding an employment contract.