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(영문) 수원지방법원 2017.10.13 2017고정2110
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 director of Yongsan-gu Seoul Metropolitan Government DD and has the authority to hire and operate full-time employees of the logistics center system and full-time employees of the above company as a director of the logistics business division of the above company in Yongsan-gu, Seoul, and the above company is engaged in wholesale business using 250 full-time employees.

An employer may extend working hours between workers within the limit of 40 hours per week, excluding recess hours, and may extend working hours within the limit of 12 hours per week by an agreement between the parties concerned.

Nevertheless, the Defendant extended the hours of work for two workers exceeding 12 hours a week from October 4, 2015 to October 10, 2015, as described in the list of crimes in the attached Form, to workers H, who had worked from September 2, 2013 to September 25, 2015 by agreement between the parties at the workplace of the said company G located in the Republic of Korea, as well as to have worked for 13 hours a week from October 4, 2015 to October 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police officer with regard to I (time);

1. Statement by an accuser to J;

1. Application of Acts and subordinate statutes to a statement of reference to the accused (including attached documents);

1. Article 110 of the relevant Act concerning facts constituting a crime and Articles 110 subparagraph 1 and 53 (1) of the Labor Standards Act concerning the selection of punishment (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances leading up to the crime, degree of the violation, and the fact that the internal management system to comply with the laws and regulations after the instant case is being improved, etc. to prevent recidivism.

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