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(영문) 서울중앙지방법원 2016.07.20 2016고정1097
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 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 the representative of Jongno-gu Seoul Metropolitan Government E and a user who runs the Do retail business of the original group by employing one full-time worker.

An employer shall clearly state wages, fixed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall state in writing the matters concerning the method of calculating the constituent elements of wages, payment method, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60, and deliver them to the worker at his/her request.

Nevertheless, the Defendant did not state in writing matters concerning the composition, method and time of payment of wages, holidays under Article 55, and annual paid leave under Article 60 in the above workplace from January 1, 201 to November 28, 2015, and the F who provided consultation and sales service from November 1, 2011 to November 28, 201, when concluding a labor contract, and the Defendant did not state in writing matters concerning the form, method and time of payment of wages, holidays under Article 55, and annual paid leave under Article 60, since the obligation to deliver the labor contract under Article 17 of the Labor Standards Act was enforced from January 1, 201 to November 1, 2011, the Defendant did not have the above obligation to issue the labor contract.

However, the facts charged of this case provide that even if it is based on Article 17 of the former Labor Standards Act (amended by Act No. 10319, May 25, 2010) which was enforced at the time, it should be stated in writing each of the above matters. The defendant's above assertion cannot be accepted, and the facts charged and the application of the law must be stated in writing in writing in the facts charged to the worker, and it must be delivered to the worker at the request of the worker.

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