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(영문) 의정부지방법원 고양지원 2020.01.30 2019고정1051
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Goyang-gu building B and C in the third floor in Goyang-si, who ordinarily employs 6 to 7 workers and operates D.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, 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 in which matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 are specified.

Nevertheless, while concluding a labor contract with E which the Defendant worked from July 22, 2019 to July 28, 2019 at the above workplace, the Defendant did not issue a document stating the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the original written consent;

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

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 of the provisional payment order;

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