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(영문) 수원지방법원 안양지원 2014.01.22 2013고정415
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative of the Gunpo-si C (State) D, is an employer who operates a gas filling station using eight full-time workers.

1. An employer shall clearly state the constituent items, calculation method, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

Nevertheless, the Defendant did not specify the constituent items, calculation method, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree in the said workplace, when concluding each labor contract on September 8, 2009 with E and F, June 5, 2010, G, and H on January 27, 201, H, and July 22, 201, and I and Nov. 4, 201.

2. An employer shall allow a recess of not less than thirty minutes if working for not less than four hours, or a recess of not less than one hour if working for not less than eight hours, during work hours;

Nevertheless, the defendant works as a charging source in the above workplace.

Retired I (Work from August 20, 2009 to May 3, 2012), E (Work from September 8, 2009 to April 7, 201), F (Work from January 5, 201 to January 5, 201), G (Work from January 27, 2011 to February 27, 201) and H (Work from July 222, 201 to August 19, 201) did not work for one or more hours during the night hours from September 8, 2009 to April 7, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses I and F to the Acts and subordinate statutes;

1. Article 114 subparag. 1, Article 17(1) of the Labor Standards Act (a violation of the duty to specify the working conditions), Article 110 subparag. 1, and Article 54(1) of the Labor Standards Act (a) for criminal facts; (b) Articles 110 subparag. 1 and 54(1) of the same Act; (c)

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: C.

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