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(영문) 창원지방법원통영지원 2020.09.10 2020고단791

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who is a C convenience store that employs two full-time workers in Si, Gyeong-nam, and operates convenience store business.

1. An employer who fails to deliver a written labor contract shall specify working conditions, such as wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, etc., in concluding the labor contract, and shall deliver the worker a written document specifying the items of wages, calculation methods, payment method, contractual work hours, holidays under Article 5, holidays under Article 55, and annual paid leaves under Article 60;

Nevertheless, when concluding a labor contract with D on January 23, 2020, the Defendant did not deliver to the employee a document stating matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

2. An employer who has not provided rest hours shall allow workers 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, the defendant is working in charge of commodity management and accounting at the above workplace from January 23, 2020 to February 22, 2020.

A retired worker D has worked for not less than eight hours a day on the working day, and did not have one or more hours of recess while working for not less than eight hours a day.

Summary of Evidence

1. Application of statutes to the defendant's legal statement, statement, written statement, copy of business registration certificate;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 110 and Article 54 of the Labor Standards Act concerning criminal facts;

1. Among concurrent crimes, the punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be increased by the concurrent crimes with the punishment stipulated for the violation of the Labor Standards Act due to a lack of time to rest, but the scope of the total amount of both crimes shall be the sum;