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(영문) 의정부지방법원 2020.01.22 2019고단2280

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a user who runs the clothing manufacturing business using 30 full-time workers, a stock company B located in Nam-si, Namyang-si.

When an employer concludes a labor contract, he/she shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., and shall deliver written documents specifying the items of wages, calculation methods and payment methods, contractual work hours, holidays, and annual paid leaves to the workers.

When concluding a labor contract with D having worked from November 2, 2017 to November 30, 2017 at the same place of business, the Defendant did not deliver to the said D a written document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

B. The Defendant did not deliver to the said E a written document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave when concluding a labor contract with E, who worked from August 1, 2017 to November 22, 2017 at the said workplace.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 provides that the accused and the defense counsel of the provisional payment order may not prepare a labor contract as an issue of allowance for D, because there is an opinion about working conditions in E with E.

Article 17(1) of the Labor Standards Act provides that “An employer shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., to an employee when concluding an employment contract.”