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(영문) 수원지방법원 안산지원 2018.09.05 2018고정540
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative C in the 3rd floor in Ansan-si, a member-gu B operation, who runs a manufacturing business using two full-time workers.

An employer shall clearly state wages, contractual working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract.

In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60 shall be specified in writing and delivered to the relevant worker.

Nevertheless, on September 25, 2017, the Defendant did not specify in writing matters concerning the constituent items, calculation method, payment method, prescribed working hours, holiday pursuant to Article 55, and annual paid leave pursuant to Article 60 when concluding a labor contract with employees D at the above workplace on September 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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