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(영문) 서울중앙지방법원 2016.10.14 2016노2409
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. Around February 2015, the Defendant, who violated the duty to specify working conditions in writing, came to know that working conditions should be specified in writing in accordance with the Labor Standards Act while filing a complaint with H on the grounds that the labor contract was not prepared by his/her employees on the grounds that the labor contract was not prepared. Accordingly, the Defendant ought to be deemed to have fulfilled the duty to specify working conditions in writing ex post facto.

B. The Defendant merely agreed to terminate labor relations with F and there was no dismissal of F.

Therefore, the defendant is not obliged to pay the F advance notice of dismissal allowance.

(2) Even if not, F, despite being well aware of the fact that the Defendant’s business would seriously interfere with the Defendant’s business, was absent from office on purpose due to the Defendant’s complaint about the Defendant’s business operation method, which constitutes “where it is recognized that the Defendant intentionally interfered with the business or caused property damage in light of social norms” as prescribed by the attached Table of the Enforcement Rule of the Labor Standards Act, and thus, the Defendant is not obliged to pay the advance notice of dismissal to F pursuant

2. Determination:

A. According to Article 17 of the Labor Standards Act that violates the duty to specify working conditions in writing, an employer shall specify wages, contractual work hours, weekly holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to an employee at the time of concluding a labor contract, and shall issue a written document specifying the elements of wages, calculation methods, payment method, contractual work hours, weekly holidays, and annual paid leaves, and where the above matters are changed due to changes in the collective agreement or rules of employment after concluding a labor contract, it shall be delivered to the employee at the request of the employee.

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