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(영문) 인천지방법원 2017.02.03 2016고정3734
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a user who runs a service business using four full-time workers as the representative of the C Association Incheon Association, a corporate body located in the Nam-gu Incheon Metropolitan City B building 710.

An employer shall clearly state wages, fixed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the items of wages, calculation method, payment order, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 to workers.

Nevertheless, when concluding a labor contract on April 12, 2015 between D and D that served as the above business operator, the defendant did not deliver to the worker a written statement specifying the constituent items, calculation method, payment order, prescribed working hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60, and annual paid leave under Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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