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(영문) 제주지방법원 2017.04.27 2017고정88
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 actual management owner of C in Jeju, who employs two full-time workers and operates restaurant business.

An employer shall clearly state wages, fixed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver the workers with a document specifying the composition of wages, the calculation method and payment method of wages, small working hours, holidays, and annual paid leaves.

Nevertheless, the Defendant did not issue a labor contract with D having worked in the above workplace on August 21, 2016, which specified the working conditions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 114 Subparag. 1, Articles 17(1), and 11(2) of the Act on the Standards of Optional Labor for Criminal Facts; Selection of a fine for a crime;

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

1. Taking into account the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant, and that there are circumstances to take into account the circumstances leading to the instant crime

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