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(영문) 수원지방법원성남지원 2020.11.18 2020고정439
근로기준법위반
Text

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 the building B, building C, and E in Sungnam-si, which is the employer who operates a restaurant with eight full-time workers.

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 written statements in which matters concerning the composition, calculation method, payment method, contractual work hours, holidays and annual paid leaves are specified.

Nevertheless, while concluding a labor contract with FF that has worked from March 10, 2017 to August 26, 2019 at the above workplace, the Defendant did not issue a labor contract specifying working conditions, such as wages, contractual work hours, holidays, and annual paid leave.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Written complaint and petition prepared by the F;

1. Application of business registration certificate and employment contract Acts and subordinate statutes;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do148, Apr. 1, 200

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