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(영문) 서울동부지방법원 2018.07.20 2018고정622
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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 C representative in Songpa-gu Seoul Metropolitan Government, who ordinarily employs two full-time workers and operates a general restaurant.

When concluding an employment contract, 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 of the same Act, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements specifying the constituent items, calculation method, and payment method of wages, small working hours, holidays, and annual paid leaves to workers.

Nevertheless, the Defendant, at around July 28, 2015, entered into a labor contract with DD employed as a worker on a monthly salary of KRW 3 million, without specifying wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree. However, the Defendant did not deliver to the employees a written document specifying the constituent elements, calculation method, method of payment, small working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which D's statement in the police statement protocol D or E is recorded;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 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;

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