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(영문) 서울중앙지방법원 2015.10.29 2014고정4691

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D in Gwanak-gu in Seoul Special Metropolitan City, who employs six full-time workers and operates the care and welfare facility business.

The Defendant worked in the foregoing workplace from March 9, 2013, and was retired on February 13, 2014, and did not pay the total of KRW 6,396,294 to two workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as stated in the attached list of crimes, as well as KRW 3,200,885, which was retired on February 13, 2014.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each employment contract;

1. Application of a part of the Acts and subordinate statutes to the calculation of unpaid wages;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion of defense counsel changed work hours and recess hours of workers on June 2013. The work hours of workers before the change of recess hours were 12 hours a day, and the work hours of workers after the change of recess hours were 13 hours a day and 30 hours a day.

The number of wages E and F calculated on the basis of 12 hours per day or 10 minutes and 30 minutes per day before and after the change of recess hours and the minimum wage per day is less than 1,300,000 won actually paid by the defendant to E and F, there is no wage, etc. by the defendant.

2. The evidence duly adopted and examined by this court reveals that ① E and F worked as a caregiver in the operation of the Defendant during each of the periods indicated in the judgment, ② E is a working-level worker (from 09:00 to 09:00 on the following day) with the Defendant, and the total recess hours of nine hours (including on the water) and wages of KRW 1,30,000 per month. < Amended by Act No. 11637, Mar. 9, 2013>