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(영문) 서울동부지방법원 2020.04.14 2019고정1396

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a representative of Gwangjin-gu Seoul Special Metropolitan City building B and D located in subparagraph c, who runs a service business (facilities of air conditioners) using one full-time worker.

When an employer concludes a labor contract, he/she shall clearly state matters concerning the composition items, calculation method, payment method and contractual work hours of wages, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act.

Nevertheless, the defendant is working from June 16, 2019 to July 13, 2019 at the above workplace.

When concluding a labor contract with retired E, matters concerning the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 55 of the same Act, and annual paid leave under Article 60 of the same Act are not specified in writing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police appellant statement to E;

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;