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(영문) 울산지방법원 2015.10.28 2013고단3223
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who has engaged in the business of manufacturing vessel temperature construction using approximately 20 full-time workers under the trade name of Ulsan-gun C, Ulsan-gun.

1. An employer who violates working conditions specified shall specify working conditions, such as wages, contractual work hours, etc., in concluding a labor contract, and shall deliver the workers in writing specifying the constituent items, calculation methods, payment methods, and working conditions of the wages;

Nevertheless, when concluding a labor contract with workers E who were employed on March 5, 2009 and workers F who were employed on November 9, 2010 respectively, the Defendant did not deliver to the above workers a written document specifying the constituent items, calculation method, payment method, and working conditions of wages.

2. Work hours shall not exceed 44 hours a week, excluding recess hours, and work hours may be extended up to 12 hours a week, if agreed upon by the parties, at a business or workplace that employs less than 20 full-time workers on or before July 1, 201. Work hours may not exceed 40 hours a week, excluding recess hours, and work hours may not exceed 40 hours a week after July 1, 201. Work hours may be extended by up to 16 hours a week, if agreed upon by the parties.

Nevertheless, the Defendant, from around December 20, 2010 to December 26, 2010, had a worker F work for more than two hours in excess of the above extension working hours limit from around December 20, 2010 to around December 26, 2010, and had three workers work for more than the extension working hours limit as indicated in attached Table (1) between October 20, 2008 and June 25, 2012.

3. The Defendant, who was employed in the foregoing workplace on November 9, 2010, was working on the part of the Defendant, and on July 16, 2012, paid wages (the difference arising from extended work allowances and unpaid holiday work allowances) of F workers retired on July 16, 201, 9,98.

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