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(영문) 대전지방법원 2015.09.16 2015고정890

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Daejeon Seo-gu C Co., Ltd., who runs cleaning security business using 180 full-time workers.

An employer shall pay wages to workers, contractual work hours, and the Labor Standards Act (hereinafter referred to as the "Act") when concluding a labor contract

The working conditions prescribed by Presidential Decree shall be clearly indicated on holidays under Article 5, annual paid leaves under Article 60 of the Act, and other working conditions prescribed by Presidential Decree, and shall be delivered to workers in writing specifying the constituent items, calculation methods, payment method, contractual work hours, holidays under Article 55 of the Act, and matters concerning annual paid leaves under Article 60 of the Act.

Nevertheless, while concluding a labor contract on April 3, 2014, the Defendant did not deliver to the employee a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55 of the Act, and annual paid leave under Article 60 of the Act while concluding the labor contract on April 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Criminal Report Act and the Investigation Report Act

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. Articles 70 (1) 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;