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(영문) 수원지방법원 2015.01.15 2014고정2522
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

Punishment of the crime

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 in concluding a labor contract.

In such cases, a document stating the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays and annual holidays, and paid leave shall be delivered to workers.

Nevertheless, the Defendant was employed as a daily employed worker on the fourth floor of the building in Gangdong-gu Seoul Metropolitan Government from October 21, 2013 to December 8, 2013, and entered into a labor contract with D that retired from office, and did not specify in writing working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., and did not deliver a written document specifying working conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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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