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(영문) 서울남부지방법원 2020.05.20 2020고단1022
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual operator of the Guro-gu Seoul Metropolitan Government Building B and the Dispute Resolution D, who is a user who runs the software development business using 15 full-time workers.

When an employer concludes a labor contract, he/she shall clearly state matters concerning working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and deliver a written document stating matters concerning the composition items, calculation method, payment method, prescribed working hours, holidays, and annual paid leave to the worker.

Nevertheless, the Defendant worked from September 1, 2017 to October 31, 2019 and concluded a labor contract with retired workers E, and did not deliver to E a written document specifying working conditions such as wages.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) (Article 62 (1) (Article 62 (1) of the Criminal Act on the grounds that there are differences in opinions as to the amount of annual salary, such as piece rates, when the defendant was admitted as a general executive officer in general, the defendant was unable to prepare a labor contract with other general workers); the defendant appears to have prepared a labor contract; the defendant

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

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