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(영문) 대전지방법원 2015.06.10 2015고정576
근로기준법위반
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1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The suspect is the C representative in Daejeon Seo-gu, Daejeon who is a full-time employee and runs a retail business.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60 shall be delivered to workers.

Nevertheless, while concluding a labor contract on April 5, 2103 with D and D employed by the said workplace, the suspect did not deliver to the employee a document stating matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 (2) of the Labor Standards Act concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] Article 334(1) of the Criminal Procedure Act is confessioned and reflected in a fine not exceeding five million won [the sentencing sentence]. In addition, considering the Defendant’s age, occupation, environment, circumstances of the instant crime, details and circumstances after the instant crime, the sentence was determined as ordered by taking into account the sentencing conditions stipulated in Article 51

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