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(영문) 울산지방법원 2017.05.12 2016고정1375
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D in Ulsan-gu, Ulsan-gu, who runs a restaurant business using two full-time workers.

1. Violation of the Labor Standards Act;

A. A worker assaulted a worker on April 24, 2015 when the employer was unable to assault the worker for the occurrence of the accident or for any other reason, the Defendant, on the ground that the worker E made a speech to see the appraisal within the above D cafeteria on April 24, 2015, and that the worker E made a mistake, and the worker E took a brucing bath.

B. Although an employer who has not specified working conditions gives workers a written document specifying the working conditions, such as wages and the prescribed working hours, when concluding a labor contract with E on May 14, 2014, the Defendant did not deliver a written document specifying the working conditions when concluding a labor contract with E on April 14, 2015, and did not deliver a written document specifying the working conditions when concluding a labor contract with E which he/she had re-entered on April 14, 2015.

2. Although an employer in violation of the Minimum Wage Act has paid an employee to whom the minimum wage is applied at least the minimum wage (5,210 won at the minimum wage in 2014, and 5,580 won at the minimum wage in 2015), the Defendant worked and retired from office from office from May 14, 2014 to January 18, 2015, but did not pay KRW 8,267,550 in total below the minimum wage amount, as stated in the attached Table of the crime list, to E who worked until September 25, 2015.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Statement by the respondent;

1. Application of Acts and subordinate statutes to the details of arrears;

1. Article 107, Article 8 of the Act on the Standards of Selective Labor for Criminal Facts, Article 114 subparagraph 1, Article 17 of the Labor Standards Act (which does not provide a document clearly stating working conditions), Articles 28 and 6 (1) of the Minimum Wage Act (which refers to a point on which the minimum wage is not paid), and the choice of each fine (which refers to the case).

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