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(영문) 대전지방법원 2014.04.16 2014고정249
근로기준법위반
Text

1. The defendant shall be punished by a fine of 300,000 won;

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

Reasons

Punishment of the crime

The defendant is the representative of corporation D in Daejeon-gu, Daejeon who is engaged in the taxi transport business with 33 full-time workers.

An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves shall be specified in writing.

Nevertheless, the Defendant concluded an employment contract with H who was employed on May 11, 201 at the above workplace and worked on March 19, 2008 to February 19, 201, from September 27, 2009 to February 19, 201, from October 25, 201 to August 19, 201, from which the Defendant worked on September 25, 201, from October 25, 201 to August 19, 201, while the Defendant did not state in writing matters concerning E from the date of entry to November 9, 201, from the date of entry to the date of entry to the date of November 3, 2010; from the date of entry to the date of entry to December 15, 2010; from the date of entry to the date of entry to the date of payment; and from the date of entry to the date of payment;

Summary of Evidence

1. Defendant's legal statement;

1. A petition prepared by the I;

1. Application of 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 concerning the selection of criminal facts;

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

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

1. Workers E, F, and H did not want the punishment against the defendant for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant is in profoundly against the defendant, taking into account all circumstances such as the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., the punishment was determined as ordered.

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