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(영문) 울산지방법원 2020.06.11 2020고정65

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the employer who employs seven full-time workers as the C representative in Yangsan-si, Yangyang-si, and runs a food-raising business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 10,000 overtime work allowances of workers D who worked as a main subsidy during the period of March 30, 2019 at the said workplace on April 25, 2019, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date of retirement without any agreement on the extension of the payment date.

(b) An employer shall, when concluding a labor contract, specify wages, contractual work hours, holidays referred to in Article 5, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements specifying the items and methods of calculating wages, methods of payment, prescribed work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60 to workers;

Nevertheless, while concluding a labor contract with a worker D as described in the preceding paragraph, the Defendant did not deliver to the employee a written statement specifying the constituent elements, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

(c) An employer shall allow a recess of not less than thirty minutes if working for four hours or a recess of not less than one hour if working for eight hours, during work hours;

Nevertheless, during September 30, 2019, the Defendant did not grant more than 12 hours of recess to D workers who worked as a main agent of the above restaurant work for 12 hours a day, while allowing D workers who worked as a main agent of the above restaurant to work for 12 hours a day.

(i) the evidence;