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(영문) 전주지방법원 군산지원 2020.07.24 2020고단420
근로기준법위반
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 the Co., Ltd. Co., Ltd. in Jeonju-si B, who runs the housing rental management business by employing 700 full-time workers.

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.

The same shall also apply where any of the following matters are changed after concluding a labor contract.

Nevertheless, the defendant works as a facility engineer at the Do apartment management office in the Gunsan-si from May 20, 2013 to July 8, 2019.

While concluding a labor contract with retired E on January 9, 2019, a commission employment contract was prepared on January 22, 2019, it did not deliver to the employee a written statement specifying the items of wages, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 concerning the changed working conditions after January 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. Application of Acts and subordinate statutes governing confirmation of facts, such as report and telephone;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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