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(영문) 전주지방법원 2014.08.28 2013고단2293

근로기준법위반등

Text

Part concerning C, D, E, F, G, H, I, and J among the crimes set forth in the judgment of the Defendant No. 1, No. 2 of the judgment of the Defendant, and No. 1.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to two years of suspended sentence for the crime of occupational embezzlement, etc. by the Jeonju District Court on August 29, 201, and was sentenced to two years of imprisonment on January 6, 2012, and the said judgment became final and conclusive on January 6, 2012, and is the user who runs bus transportation business using 97 full-time workers.

1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions in concluding an employment contract to workers;

An employer shall deliver workers with a document specifying the items of composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave in relation to wages.

Nevertheless, the Defendant concluded a labor contract with C (A. 26, 201), D (A. 2, 2010), E (A. 18, 200), F (N. 3, 200), G (A. 15, H (A. 27, 201), I (A. 26, 201), J (A. 26, 201), and K (A. 19, 201), K (A. 201), and K (A. 19, 201), and did not specify and deliver in writing wages, contractual hours, holidays, annual paid leave, and other working conditions.

2. The shipowner shall pay wages on the fixed date at least once a month;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the total amount of KRW 32,338,681 on the 10th of each month (the date of the regular bonus payment is the 20th of the following month) from January 1, 2004 to the total of 15 persons, such as KRW 315,02 of the O’s unused annual allowance in 2009, which had been employed as a driver from around January 1, 204, including KRW 315,02.

3. Violation of the Act on the Promotion of Workers' Participation and Cooperation.

(a) The business or workplace that employs not less than 30 full-time workers shall promote the welfare of workers and shall be an enterprise through their participation and cooperation;