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(영문) 수원지방법원 2016.12.22 2016고단6952
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 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 representative of the cMoel in Suwon-si, who is a representative of the cMoel in Suwon-si, and operates a lodging business with 11 regular workers employed.

On March 14, 2015, the Defendant concluded a labor contract with D on March 14, 2015, the Defendant did not deliver to D a written statement specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. The acquittal portion under Articles 70(1) and 69(2) of the Criminal Act;

1. The summary of the facts charged is that the Defendant is the representative of the cel in Suwon-si, Suwon-si, who employs 11 regular workers and operates the lodging business.

On April 17, 2010, the Defendant did not deliver to E a written statement specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays, and annual paid leave when concluding a labor contract with E at the same workplace.

2. The offense of violating the Labor Standards Act is an offense of which statutory penalty is a fine not exceeding five million won under Article 114 subparag. 1 of the Labor Standards Act, and the statute of limitations is five years under Article 249(1)5 of the Criminal Procedure Act.

However, it is evident that the instant public prosecution was instituted on August 26, 2016 after five years from April 17, 2010 when the said criminal act was completed.

3. In conclusion, this part of the facts charged constitutes a case where the statute of limitations has expired, and thus, is acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.

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