beta
(영문) 부산지방법원 2016.11.10 2015고단7518

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Highest 7518] The defendant is the representative of E located in Busan Jin-gu, Busan, who ordinarily employs 12 workers and operates the parking lot.

1. An employer shall, when concluding a labor contract, provide the worker with such working conditions as wages, contractual work hours, holidays, annual paid leaves, etc. in writing;

Nevertheless, the Defendant concluded a labor contract with the worker F who works in the said workplace from December 1, 2010, and did not clearly state in writing the working conditions, such as wages, contractual hours, holidays, and annual paid leaves, while entering into the labor contract with the worker G who works in the said workplace from December 18, 2010, and did not clearly state in writing the working conditions, such as wages, contractual hours, holidays, annual paid leaves, etc.

2. An employer shall directly pay wages in full to workers in currency;

Nevertheless, the Defendant, from December 1, 2010 to December 28, 2010, did not pay the total amount of KRW 49,246,789,766 in the aggregate of KRW 48,789,76,766 in G 49,248, as well as the total amount of KRW 9,248,246 in the total of KRW 98,00,00,000 in overtime work allowance, night work allowance, paid holiday allowance, paid holiday allowance, paid holiday allowance, paid holiday allowance, 604, as well as G wage difference.

3. Work hours shall not exceed eight hours a day, excluding recess hours, and work hours shall not exceed forty hours a week, excluding recess hours, and work hours may be extended within the limit of twelve hours a week, if the parties agree otherwise.

Nevertheless, the Defendant, from December 1, 2010 to December 28, 2010, included the details of the wage difference between F and G with respect to workers who work in the above workplace from December 28, 2010, as well as the details of the wage difference between F and G from December 2010 to August 2014.