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(영문) 의정부지방법원 고양지원 2017.05.16 2017고정296
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of island C publishing buildings B 405 in Ilyang-gu, Manyang-si, Ilyang-si, who ordinarily employs five workers and operates book publishing business.

An employer shall clearly state wages, fixed labor calculation, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other labor conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the methods and methods of calculating wages, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to workers.

Nevertheless, the Defendant did not deliver a document stating the matters concerning the calculation method of wage constituent items, payment method, prescribed working hours, holiday under Article 55, and annual paid leave under Article 60 at the same place of business from June 13, 2016 to August 12, 2016, when concluding a labor contract with D and D, which had worked in the same place of business from June 13, 2016 to June 13, 2016.

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that a crime is recognized and reflected, there are extenuating circumstances considering the circumstances in which documents on the instant labor contract were not issued, the fact that wages are deemed to have been paid in full, and the fact that the Defendant has no special criminal history);

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