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(영문) 서울중앙지방법원 2018.09.20 2018고단1368
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is engaged in wholesale and retail business by employing five full-time workers as the representative of Seocho-gu Seoul Metropolitan Government (State) B and 102, and five full-time workers.

An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements in which the matters concerning the composition, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 are specified.

Nevertheless, while entering into a labor contract with workers D, E, and F who worked from June 1, 2016 to August 10, 2017 at the above workplace, the Defendant did not deliver to workers a written document specifying the working hours prescribed in the method and method of calculating wages, the working hours prescribed in Article 55, and the annual paid leaves prescribed in Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including the part concerning the statement of the defendant);

1. Application of each relevant statute;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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