근로기준법위반등
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
The annual salary contract for workers E-related workers who are erroneous in the summary of the grounds for appeal included retirement allowances, and the amount of wages, bonuses, and retirement allowances not paid by the defendant to E is less than the amount stated in the facts charged in this case.
As the Defendant related to Labor F paid 300,000 won to F on September 12, 2016, there is no wage that the Defendant did not pay to F.
The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.
Judgment
The following circumstances may be acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake in the facts related to workers E.
An employer shall clearly state wages, etc. to workers when concluding a labor contract, and shall deliver a written statement in which the constituent items, method of calculation, method of payment, etc. of wages are specified to the workers (Article 17 and Article 17 of the Labor Standards Act (Specifying working conditions) (1) An employer shall clearly state the following matters to the workers when concluding a labor contract:
The same shall also apply where any of the following matters is modified after the conclusion of an employment contract:
1. Wages;
2. Fixed working hours;
3. Holidays under Article 55;
4. Annual paid leave under Article 60;
5. Other working conditions prescribed by Presidential Decree.
Provided, That where any matter under the main sentence is modified due to any reason prescribed by Presidential Decree, such as amendment to the organization agreement or the rules of employment, it shall be delivered to the worker at his/her request.
In doing so, the Labor Contract for E (Evidence of Evidence = 85 = 9 = 109 = 208 = 225) is the annual salary for total contract amount of KRW 20 million per annum and KRW 18 million per annum, and the ordinary wage is the annual basic amount of KRW 12,000.