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(영문) 서울북부지방법원 2020.02.13 2019고정1535
근로기준법위반
Text

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

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

Reasons

Criminal facts

The Defendant is an employer who operates “C” beauty rooms using two full-time workers at the Gangnam-gu Seoul Metropolitan Government B and the second floor.

When an employer concludes a labor contract, he/she shall specify the wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver the written documents specifying the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays, and annual paid leaves to the workers.

Nevertheless, on May 19, 2017, the Defendant concluded a labor contract with D who works for a private beauty artist at the same place of business, and did not deliver a document specifying matters such as wages.

Summary of Evidence

1. Examination protocol of the accused;

1. Application of Acts and subordinate statutes on the statement of D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (1) and (2) of the same Act on 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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