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(영문) 대구지방법원 김천지원 2015.05.13 2015고정37
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the actual manager of Jongno-gu Seoul Metropolitan Government Co., Ltd. (hereinafter referred to as the “E”), who runs a building (facilities) management service business using 4,000 full-time workers.

An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver a written labor contract in which matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leaves are specified.

Nevertheless, the Defendant, from November 8, 2012, concluded a labor contract with G who is in office at the F regional unit of the pertinent workplace from November 8, 2012, did not specify matters concerning contractual work hours or did not prepare and deliver a written labor contract to G who is an employee.

2. Determination

(a) Article 17 of the Labor Standards Act (1) of the Labor Standards Act (hereinafter referred to as “Labor Standards Act”) provides that an employer shall specify, at the time of entering into an employment contract, the following matters:

The same shall also apply to any of the following changes after concluding a labor contract:

1. Wages;

2. Fixed working hours;

3. Holidays under Article 55;

4. Annual paid leave under Article 60;

5. Other working conditions prescribed by Presidential Decree.

Provided, That where matters under the main sentence are modified due to reasons prescribed by Presidential Decree, such as revision to the collective agreement or rules of employment, it shall be delivered to the worker upon request.

An employer who employs not less than ten workers on a regular basis under Article 93 (Preparation and Reporting of Rules of Employment) shall take the following measures:

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