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(영문) 부산지방법원 동부지원 2016.03.23 2015고정418

근로기준법위반등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in Busan Nam-gu C, who is a business operator in charge of transportation business.

1. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall, when concluding a labor contract, clearly state the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to the workers, and shall deliver a written document stating the composition items, calculation method, payment method, small working hours, holidays, annual paid leaves, etc. to the workers;

When concluding each labor contract with workers B who were employed by the company as a village bus driver around July 27, 2012, and workers E who were employed on September 21, 2012, the Defendant did not specify the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to each of the above workers, and did not deliver a document stating the above matters to the workers.

2. An employer who violates the Labor Standards Act due to the payment of wages shall, where the worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Although the Defendant, from September 21, 2012 to around September 20, 2012, worked as a village bus driver at the above company as a worker E retired from the above company around September 20, 2014, the Defendant did not pay KRW 4,364,091, including the difference in overtime working allowances and minimum wage, within 14 days from the date of occurrence of the payment cause, without any agreement between the parties on the extension of the payment date and any other special circumstances.

3. An employer who violates the minimum wage law shall pay workers to whom the minimum wage applies the wages above the minimum wage amount; and

The minimum wage publicly notified by the Minimum Wage Committee is KRW 4,580 per hour from January 1, 2012 to December 31, 2012, and KRW 4,860 per hour from January 1, 2013 to December 31, 2013.

The defendant is the above company.