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(영문) 부산지방법원 2016.11.30 2016고단5039

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the school juristic person E Hospital located in Busan Jin-gu, Busan, who ordinarily employs 700 workers and operates a health business.

An employer may extend work hours beyond 40 hours a week, excluding hours of recess, or may not have workers work in excess of 8 hours a day, and may extend work hours per week only within 12 hours, even if there exists an agreement between the parties concerned.

Nevertheless, from January 2, 2012 to January 8, 2012, the Defendant allowed 20 workers to work in excess of 12 hours a week to work in excess of 14 hours a week, as described in the attached list of crimes, to work in excess of 12 hours a week from January 2, 2012 to October 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statements of the special judicial police officer against G (No. 49 No. 5 of the evidence list);

1. Rules of employment;

1. Application of Acts and subordinate statutes to the calculation details in excess of 12 hours a week (Evidence List Nos. 123 through 130, 132 through 145);

1. Article 110 of the relevant Act and Articles 110 and 53 (1) of the Labor Standards Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 provides workers who have a lot of reasons for sentencing under Article 334(1) with services exceeding statutory working hours, but erroneous recognition and reflects the fact that each worker in the judgment does not want punishment, and the punishment shall be determined as per the order, by comprehensively taking into account the Defendant’s age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.