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(영문) 서울중앙지방법원 2013.11.11 2013고정4506
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has employed two full-time workers in Gangnam-gu Seoul and operated the “C”.

1. On March 2, 2012, the Defendant violated the duty to specify working conditions in writing, when entering into a labor contract with D on March 2, 2012, the Defendant did not specify the items of wages, calculation method, payment method, contractual work hours, holidays, etc. in writing.

2. The Defendant is an employee of the foregoing C from March 2, 2012 to May 2, 2012.

A retired worker D’s total sum of KRW 1,50,000 on April 2012, and KRW 96,774 on May 2012, 2012, did not pay 1,596,774 within 14 days from the date on which the relevant party’s grounds for payment arose, without any agreement on the extension of the due date.

Summary of Evidence

1. Application of each police protocol of statement to D;

1. Article 114 subparagraph 1 of the relevant Act and Articles 17 (1), 109 (1), and 36 of the Labor Standards Act concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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