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(영문) 서울북부지방법원 2013.03.27 2013고정813
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Seoul Special Metropolitan City, Nowon-gu, the employer who ordinarily employs nine full-time workers, and C is an employee who performs the PC management work from September 10, 2012 to October 9, 2012 at the above workplace.

1. An employer who assaults a worker shall not do violence to a worker for the occurrence of an accident or for any other reason;

Nevertheless, at around 17:30 on October 8, 2012, the Defendant assaulted the victim by arbitrarily manipulating the hours of PC use and drinking drinking water without permission at the above place of business office.

2. An employer who fails to specify working conditions in writing shall specify wages, prescribed working hours, etc. for workers at the time of concluding a labor contract, and deliver the workers in writing specifying the matters such as the constituent items, calculation method, and payment method of wages;

Nevertheless, when concluding a labor contract with C, the Defendant did not deliver to C a document stating matters such as wages.

3. When a worker dies or retires, an employer who has not paid wages shall pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the aggregate of KRW 1,296,00 from September 10, 2012 and October 9, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

4. An employer who has not paid a recess shall grant 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; and

Nevertheless, the Defendant did not grant three hours of rest or more while having C work for 9 hours a day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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