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(영문) 서울중앙지방법원 2018.04.19 2018고정592
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 representative of three Co., Ltd. in Gangnam-gu Seoul, Gangnam-gu, who runs an insurance agency business using four full-time workers.

An employer shall specify working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., to workers when concluding an employment contract, and shall prepare a document stating the items constituting the wages, calculation method, payment method, prescribed working hours, holidays and annual paid leaves, and deliver it to the workers.

Nevertheless, the defendant did not prepare a written labor contract with E working at the above workplace on March 13, 2017, stating the items, calculation method, payment method, prescribed working hours, holiday and annual paid leave when concluding a labor contract with E on March 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes confirming facts, such as telephone;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

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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