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(영문) 수원지방법원 2016.11.04 2016노2921
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not prepare an employment contract according to the agreement with D, but the judgment of the court below which recognized the defendant as violating the Labor Standards Act, which affected the conclusion of the judgment.

2. Article 17 of the Labor Standards Act, which was partially amended by Act No. 10319, May 25, 2010, provides that “When an employer concludes a labor contract, the employer shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree. In such cases, the matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leaves under Article 60 shall be specified in writing and provided to the relevant employee.” However, Article 17 of the current Labor Standards Act, which was amended on May 25, 2010 and effective from February 1, 2012, which was in force as of February 1, 2012, shall be delivered to the relevant employee upon a written request.”

2. Fixed working hours,

3. Holidays under Article 55;

4. Annual paid leave under Article 60;

5. Other working conditions prescribed by Presidential Decree shall be specified.

The provisions of paragraph (2) stipulate that "the employer shall deliver to the worker a document stating the items, calculation methods, payment methods of wages related to paragraph (1) 1 and the matters referred to in subparagraphs 2 through 4."

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.

"" is defined as ".

The reason why the Labor Standards Act partially revised is in a subordinate position to be used, unlike the former Act that provides a document specifying working conditions at the request of workers, unlike the former Act that provides such document.

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