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(영문) 인천지방법원 2014.06.12 2014고정1220
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

1. Criminal facts are users who run a construction wholesale and retail business with five full-time workers as representatives of Co., Ltd. in Gyeyang-gu, Incheon Metropolitan City (606).

1. When an employer concludes a labor contract, he/she shall deliver the worker a written document specifying the matters pertaining to wages, contractual work hours, holidays, annual holidays, and paid leave;

Nevertheless, the defendant employed D on May 21, 2013 and did not deliver a written employment contract specified in writing.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant, at the same place of business, did not pay 1.4 million ordinary wages for 30 days, while dismissing D who worked as a monthly wage worker from May 21, 2013 to November 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act, Article 110 subparag. 1 and Article 26 of the Labor Standards Act, and selection of fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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