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(영문) 서울서부지방법원 2016.05.04 2016고정354

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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 the representative of Mapo-gu Seoul Metropolitan Government Co., Ltd. and is an employer who runs a clothing sales business using three full-time workers.

An employer shall specify wages, prescribed working hours, holidays, annual paid leaves, etc. at the time of concluding a labor contract, and shall deliver a document stating the items constituting the wages, the method and methods of calculating the wages, and the matters concerning the small working hours, holidays, and annual paid leaves to workers.

Nevertheless, the defendant did not deliver to D, who retired from the above workplace, a document stating the items of the composition, calculation method, payment method, and small working hours, holidays, and annual paid leave from July 1, 2015 to August 11, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;

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;