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(영문) 인천지방법원 2013.05.23 2013고정1133
근로기준법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is the actual representative of D in Incheon Vindication-gun C and A-32, who employs two full-time workers and operates restaurant business.

1. The Defendant had worked from July 26, 2012 to August 21, 2012 at the same place of business, and had not paid KRW 20,645 of the wage balance for the above period E, which was retired, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The Defendant did not specify wages, contractual work hours, weekly holidays, annual paid leave, etc. while concluding a labor contract on July 26, 2012 with retired E while working in the said workplace during the said period, and did not issue a written labor contract clearly stating the same.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes of E’s statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a violation clearly described in the working conditions);

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

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act provides that the defendant confessions and reflects the crime of this case as the initial offender, pays 30,000 won, which exceeds the unpaid wages

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