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(영문) 창원지방법원 2013.06.21 2013고단692
근로기준법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is the employer who ordinarily employs 45 workers and operates a medical business in the name of the medical corporation located in the Korea Medical Foundation E Hospital in Kimhae-si.

When concluding a labor contract, the employer shall provide the worker with a written statement specifying the matters concerning wages, working hours, holidays, annual paid leave, place of employment, work to be engaged, etc.

Nevertheless, the Defendant did not specify in writing matters concerning wages, working hours, holidays, annual paid leave, place of employment, and work to be employed when concluding an employment contract with the worker F who was employed on February 29, 2012 as the head of the original affairs team.

2. Pursuant to Article 17(1) of the Labor Standards Act, the time when an employer and an employee enter into an employment contract by clearly stating in writing matters concerning wages, working hours, holidays, annual paid leave, place of employment, and work to be employed, etc.

However, the worker F's membership date is February 29, 2012, when the defendant was appointed as a director at the power of representation of the D Medical Foundation on March 2, 2012 (certified copy of the corporate register), and since the defendant is still placed in the employer's status at the time of February 29, 2012, which is the worker F's membership date, it cannot be deemed that the defendant is obligated to deliver a document stating wages, etc. as the employer.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, the court acquitted the defendant under the latter part of Article 325

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