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(영문) 서울서부지방법원 2020.06.18 2020고정164
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the representative of Mapo-gu Seoul Metropolitan Government “C” and is an employer who runs general restaurant business with three regular workers.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays, etc. to the workers, and deliver the workers with a document stating the matters concerning the composition items, calculation method, payment method, contractual work hours, holidays,

Nevertheless, the defendant is working in the above workplace from March 7, 2019 to July 8, 2019.

On March 7, 2019, when concluding a labor contract with D and retired workers, there was not prepared and delivered a document stating the elements, calculation method, payment method, contractual work hours, holidays, etc. of wages.

Summary of Evidence

1. The defendant's statement in court (the second trial date);

1. A protocol concerning the examination of the suspect against the defendant (including a cross-examination);

1. Statement of D police statement;

1. The application of Acts and subordinate statutes of a petition, recording, or employment contract;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act concerning criminal facts. Article 17 (Selection of Fine)

1. A fine not exceeding 300,000 won to be suspended;

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

1. Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do1138, Apr. 1, 2007; Supreme Court Decision 2007Do1148, Apr. 21, 2007)

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