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(영문) 서울중앙지방법원 2018.03.22 2018고정170
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of E in Gangnam-gu Seoul Metropolitan Government, who has been engaged in the service business by using one full-time worker.

1. When an employer concludes a labor contract, he/she shall prepare and deliver to the worker a written statement specifying the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, the defendant did not deliver to the worker F and G a written statement in which the constituent elements, calculation method, and payment method of wages are specified when concluding a labor contract with F and G around December 12, 2016 at the above workplace.

2. The Defendant: (a) performed his/her duty in the foregoing workplace from December 12, 2016 to March 11, 2017; and (b) did not pay KRW 737,580 of the F retired on December 12, 2016; (c) wage of KRW 676,115; (d) wage of KRW 1,167,835 on February 2, 2017; (e) wage of KRW 553,185; (e) wage of KRW 32,250 on March 3, 2017; and (e) wage of KRW 32,250 on overtime allowances; and (e) wage of KRW 737,580 on December 137, 2016; (e) wage of KRW 580 on March 11, 2017; and (e) paid allowances to KRW 375,47,2015; (g) wage of KRW 3737,20145.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Each standard labor contract;

1. Application of Acts and subordinate statutes on payment of wages;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (the fact that wages are not paid, the selection of fines) and Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (the fact that a violation of the duty to specify working conditions is committed);

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. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The Defendant for the reason of sentencing under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006)

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