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(영문) 서울서부지방법원 2018.02.08 2017고정986
근로기준법위반등
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 the representative of Seodaemun-gu Seoul Metropolitan Government D public bath in Seodaemun-gu, who runs a service business using two full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to such workers;

Nevertheless, the defendant did not state in writing the composition items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other matters concerning the working conditions prescribed by Presidential Decree of the same Act while entering into an employment contract with E and January 10, 2016, which had worked from January 10 to February 11, 2017 at the above workplace.

2. An employer shall pay workers subject to the minimum wage rate at least the minimum wage determined and publicly announced by the Minister of Labor each year, and shall pay wages at least 6,030 won at the minimum wage rate during the period from January 1, 2016 to December 31, 2016, and at least 6,470 won during the period from January 1, 2017 to December 31, 2017;

Nevertheless, the defendant worked as described in paragraph 1 at the above workplace and paid 5,626 won below the minimum wage for the service period to E retired from the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol (No. 8 No. 5 of evidence list) made by special judicial police officers against E;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 114 Subparag. 1 and Article 17 of the Act on the Standards of Optional Labor for Criminal Facts, and Articles 114 Subparag. 1 and 17 of the Labor Standards Act (the point of violation of the duty to specify the working conditions);

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