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(영문) 부산지방법원 동부지원 2016.01.25 2015고정941
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation in Busan Nam-gu, and the user who operates transportation business as the representative director of the corporation in Busan-gu.

1. An employer who violates the Labor Standards Act by failure to provide a written statement specifying working conditions shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the said Act, and other working conditions prescribed by Presidential Decree when concluding a labor contract;

In addition, an employer shall deliver to the employee a written statement specifying the constituent items, calculation method, payment method, small work hours, the said holidays, and the matters of the said annual paid leave.

Nevertheless, the Defendant did not deliver the above documents when concluding a labor contract with D on February 27, 2013.

2. An employer in violation of the minimum wage law shall pay workers subject to the minimum wage amount above the minimum wage amount, and the minimum hourly wage amount publicly notified by the Minimum Wage Committee in 2013 is 4,860 won.

Nevertheless, the Defendant paid D wages calculated based on the hourly rate of KRW 4,540 from March 2013 to August 2013.

3. An employer who violates the Labor Standards Act due to non-payment of wages shall pay wages, compensations, or any other money or valuables within 14 days after the ground for such payment occurred, if the employee retires.

Nevertheless, the Defendant, from February 27, 2013 to November 2, 2014, worked as a village bus engineer at the said company, and did not pay KRW 1,000,563, including the total of KRW 20,400,00 in the amount below the minimum wage from March 27, 2013 to August 2, 2014, and paid KRW 980,163 in the amount that was short of the minimum wage from March 2013 to August 2, 2014.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Application of Acts and subordinate statutes to each statement made by each complainant with respect to D prepared by the special judicial police officer;

1. Article 1 of the Act and subparagraph 1 of the decision on the selection of punishment for a crime: Labor Standards Act;

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