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(영문) 서울중앙지방법원 2016.12.21 2016고정3674
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who ordinarily employs two full-time workers as a C representative located in Gangnam-gu Seoul Metropolitan Government B 1st floor and operates a four-day beauty business.

1. An employer in violation of the Labor Standards Act shall, when concluding a labor contract, clearly state in writing wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements specifying the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the same Act to the workers;

Nevertheless, the Defendant, while working in the above workplace from April 6, 2015 to May 21, 2016, did not prepare and deliver to the employee a document stating the composition items, calculation method, payment method, prescribed working hours, etc. of wages while concluding a labor contract with D workers who retired from office.

2. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage each year wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor, and shall pay wages of at least 5,580 won per hour for the period from January 1, 2015 to December 31, 2015, and wages of at least 6,030 won per hour for the minimum wage during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant is working from April 6, 2015 to May 21, 2016 at the above workplace.

With respect to withdrawal D, June 2015;

7. Wages,

8. Wages,

9. Payment of wages, 10. 10. 5,263 won per hour below the minimum wage on 2015. 11. and 12. 5,502 won per hour below the minimum wage; and 5,502 won per hour below the minimum wage.

5. In paying wages, 5,502 won per hour below the minimum wage in 2016 was paid respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. A written petition;

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