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(영문) 서울동부지방법원 2019.11.26 2019고정870
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 a user who runs indoor design and artificial fishery business using one full-time worker as the D representative director of Songpa-gu Seoul Metropolitan Government Co., Ltd., which is located in B building C.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree, and the employer shall deliver written documents specifying the composition, calculation method, payment method, and contractual work hours of wages, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, the Defendant, upon entering into a labor contract with E on March 2, 2018, did not deliver a document stating the composition items, calculation method, payment method, contractual hours, holidays under Article 55, etc. in the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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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