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(영문) 서울동부지방법원 2016.05.31 2016고정484
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who employs two full-time workers as a real manager in Gangdong-gu Seoul Metropolitan Government C and operates a chemicalization and clothing sales business.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the matters concerning the constituent items of wages, methods of calculating and paying wages, prescribed working hours, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 are specified;

Nevertheless, on October 25, 2015, the Defendant concluded a labor contract with workers D in the above workplace, and did not specify and deliver in writing the working conditions such as wages.

2. An employer shall allow not less than 30 minutes in case of working hours of four hours, and a recess of not less than one hour in case of working hours of eight hours, during the working hours; and

Nevertheless, the defendant did not grant more than 1 hours of work hours than 11 hours and 30 hours of work of E and D working at the above workplace.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to E and D;

1. Application of relevant Acts and subordinate statutes of each written petition and labor contract;

1. Article 114 subparagraph 1 of the relevant Act and Articles 114 and 17 of the Labor Standards Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 54 of the Labor Standards Act (the point of granting time off hours, the choice of fines);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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