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(영문) 의정부지방법원 2020.09.16 2020고단1376
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C Child Care Center in both weeks, who is a full-time worker in the C Child Care Center in the two weeks.

1. An employer shall pay workers in full in currency;

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant, from May 1, 2013 to March 1, 2016, did not pay KRW 46,985,092 in total, including KRW 352,72, and KRW 46,92,00,092, including KRW 1,2,00,00,00 in attached Table 1, 2, and 3,000, which worked as a childcare teacher at the above childcare center, on March 25, 2016.

2. An employer shall allow 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;

Since the working hours of the above teachers in the workplace are eight hours a day, the Defendant has given a recess of not less than one hour during working hours.

Nevertheless, the Defendant did not allow D who works as a teacher in the foregoing workplace during the period from April 1, 2016 to February 28, 2017, and the period from March 1, 2018 to November 14, 2018, and did not allow E to rest hours from April 1, 2016 to November 14, 2018, and did not allow F to rest hours from November 14, 2018.

Part of the clerical error shall be corrected in accordance with the evidence and the statement in the list of crimes.

Summary of Evidence

1. Each police statement of the defendant against G, D, E, F, H, I, and J;

1. Application of Acts and subordinate statutes to report the results of an investigation into the place where the employer operates an additional statement of the minutes of each teacher's office;

1. Wages during the period of employment under Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 43 of the Labor Standards Act.

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