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(영문) 의정부지방법원 고양지원 2018.12.14 2018고정695
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who runs a taxi transportation business by using 174 full time as the representative director of the D Co., Ltd. located in the Dong-gu Busan Metropolitan City.

1. An employer shall clearly state wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the constituent items, calculation method, payment method, prescribed working hours, holidays referred to in Article 55, and matters concerning annual paid leaves referred to in Article 60 are specified;

Nevertheless, the defendant did not deliver a document stating the composition items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60, when concluding a labor contract on January 22, 2017 and January 22, 2017.

2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 50, and other working conditions prescribed by Presidential Decree in concluding labor conditions, and the same shall also apply where any of the following matters are changed after concluding a labor contract;

In addition, a document stating the constituent items, calculation method, payment method, prescribed working hours, the holidays in accordance with article 55, and the annual paid leave in accordance with article 60 must be delivered to workers.

Nevertheless, the defendant did not stipulate the items of wage composition, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 as of July 1, 2017 when the contents of the labor contract with E, which had been employed on January 22, 2017 in the above workplace, were modified on July 1, 2017. The defendant did not issue a document stating such matters.

Summary of Evidence

1. A witness;

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