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(영문) 부산지방법원 서부지원 2018.08.17 2017고정352
명예훼손등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, defamation and insult is involved.

Reasons

Punishment of the crime

The Defendant is an employer who operates a private teaching institute business with eight full-time workers under the trade name of “D” in Busan-gu C.

When concluding an employment contract, the employer shall clearly state in writing the matters concerning wages, working hours, holidays, annual paid leave, place of employment, work to be performed, etc. to the worker.

Nevertheless, on October 14, 2014 and November 26, 2014, the Defendant did not deliver to the said workers a written statement specifying the matters regarding wages, working hours, holidays, annual paid leaves, the place of employment, and the duties to be employed when concluding an employment contract with workers E on October 14, 2014 and workers F on November 26, 2014.

Summary of Evidence

1. Each legal statement of witness F and E;

1. The defendant did not violate his duty to deliver a document stating the working conditions, since the copy of the resume and the back page of the resume [the defendant has reproduced to the above workers each of the front or back sides of the curriculum containing wage and working hours (hereinafter collectively collectively referred to as "the resume of this case").

However, the following facts revealed by the evidence duly adopted and investigated by this Court, i.e., F and E did not receive the resume of this case from the Defendant in the investigative agency and this court.

In light of the fact that the defendant made a statement about the work, ② that the defendant stated wages and working hours in the resume of this case, appears to have been an attempt to explain wages and working hours to the above workers and obtain their consent, ③ that the defendant used the resume of this case without using a separate document, and only the signature of the above workers is used in the resume of this case, and there is no signature of the defendant, it is deemed that the defendant prepared the resume of this case with the intention to deliver to the above workers.

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