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(영문) 대전지방법원 천안지원 2018.04.12 2017고정817
근로기준법위반
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as a representative in South-gu, South-gu, Dong-gu C, has run a printing business with one full-time worker.

When concluding a labor contract, the matters concerning wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 shall be specified, and a written statement shall be issued to the worker stating the constituent items, calculation method, payment method, prescribed working hours under Article 55 of the prescribed working hours, and the matters concerning annual paid leaves under Article 60.

However, when concluding a labor contract with E on January 2, 2017, the Defendant did not state the matters regarding wages, prescribed working hours, holidays pursuant to Article 55 of the Labor Standards Act, annual paid leaves pursuant to Article 60, and did not deliver to E a document stating the items constituting the wage, calculation method, payment method, prescribed working hours pursuant to Article 55, annual paid leaves pursuant to Article 60, and the matters regarding annual paid leaves pursuant to Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The details of account transfer attached to the written petition (the defendant prepared a labor contract at the time of employment of E and delivered it to E by specifying various matters stated in the facts charged in the labor contract;

One of the arguments, E has a consistent and detailed statement consistent with the facts charged in the investigation agency and this court.

Summary of Evidence

It is judged that all the facts charged are proven as evidence stated in the indictment

Application of Statutes

1. Relevant Article of the Act and Article 114 subparagraph 1 and Article 17 of the Act on the Standards for Preliminary Labor for Criminal Facts (Selection of Penalty)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background leading up to the instant crime, the attitude taken by the Defendant at the investigative agency and this court, the financial status of the Defendant, and the record of criminal punishment of the Defendant.

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