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(영문) 서울북부지방법원 2018.10.11 2018고정1163

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who employs one full-time worker as the actual operator of D laundry shop in Seoul Special Metropolitan City, and operates the laundry business.

An employer shall clearly state wages, fixed working hours, holidays under Article 55, annual paid leaves under Article 620, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the methods of calculating wage constituent items, prescribed working hours, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to workers.

Nevertheless, the defendant employed from March 31, 2016 to November 21, 2016 at the above workplace and retired from E and on March 31, 2016, the defendant did not deliver to the worker a document stating the method of calculating wage items, the prescribed working hours, the prescribed working hours under Article 55, and the matters concerning the annual paid leave under Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Each copy of E;

1. Details of confirmation of facts, such as telephone;

1. - Application of telephone law to the course of the case

1. Article 114 of the relevant Act concerning facts constituting an offense, and Articles 114 subparagraph 1 and 17 of the Standard Act concerning selective labor, and selection of fines;

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;