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(영문) 부산지방법원 동부지원 2020.01.22 2019고정439
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a business owner who is the representative of Busan Shipping Daegu B or 2nd floor C and has operated a physical training facility with two 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, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing.

Nevertheless, the defendant works in the above workplace from April 19, 2017 to September 1, 2018.

A retired D did not state in writing the matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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