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(영문) 서울북부지방법원 2013.06.03 2013고정1285
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who has run a clothing retail business using two regular workers under the trade name of Seoul Jung-gu B.

1. An employer, when concluding a labor contract, must clearly state in writing wages, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree to a worker. However, the Defendant did not state the aforementioned matters while entering into a labor contract with C on July 1, 201 and D on July 30, 2012.

2. The Defendant is working in the foregoing workplace from July 1, 201 to October 31, 2012.

A retired worker C’s wage of 200,000 won in December 201, 201, 1 million won in February 2012, 201, 250,000 won in total as wages from April 2012 to October 201, and 2,50,050,000 won in total as wages from October 201 of the same year, and from July 30, 2012 to November 11, 2012.

A retired worker D did not pay the total of KRW 1.2 million wage in October 2012, and KRW 1.75 million wage in November 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts as well as Article 109(1) and Article 36 of the same Act regarding the choice of punishment, Article 114 Subparag. 1 and Article 17 of the former Labor Standards Act (amended by Act No. 10319, May 25, 2010); Article 114 Subparag. 1 and Article 17 of the Labor Standards Act (amended by Act No. 10319, May 25, 2010);

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

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

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

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