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(영문) 서울서부지방법원 2020.09.02 2020고정772
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of Mapo-gu Seoul Metropolitan Government B and 1st floor C, who runs a restaurant business with seven full-time workers.

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

When concluding a labor contract with D on March 8, 2020, the Defendant did not issue a document stating matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written petition of legal statement;

1. Punishment of a fine of 300,000 won to be suspended under Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the same Act on criminal facts;

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

1. Article 59 (1) of the Criminal Act (see, e.g., circumstances before and after the commission of a crime, the fact that the defendant acknowledges and reflects the mistake, and the fact that there is no history of criminal punishment);

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