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(영문) 전주지방법원 2018.01.26 2016고정994
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of the E-F located in Kim Jong-si, is an employer who conducts an expressway patrol agency by employing 17 full-time workers.

1. Although wages are paid in full to workers in currency, the Defendant did not pay 69,030 won for overtime allowances when paying wages to workers G around April 10, 2012, as well as 69,030 won for overtime allowances from around that time to December 2014, the Defendant did not pay 8 workers a total of 16,604,270 won for unpaid money and valuables to each individual (such as “the details of unpaid money and valuables” in the attached Table from around that time to around December 2014.

2. The employer shall deliver to the employee a written statement specifying the constituent items, calculation method, payment method and small working hours, the holidays under Article 55, and the annual paid leaves under Article 60, despite the fact that the employer has given the worker such written statement as the items of the wages, calculation method and method

A. When entering into a labor contract with G, H, I, J, and K on March 2, 2012, the Defendant does not deliver to the above G, H, I, J, and K a written statement specifying the items of wages, calculation method, method of payment and small working hours, holidays under Article 55, annual paid leave under Article 60, and the annual paid leave under Article 60, respectively;

B. When concluding a labor contract with L on January 8, 2013, the Defendant does not deliver to the said L a document stating the constituent items of wages, calculation method, method and method of payment of wages, small working hours, holidays under Article 55, annual paid leave under Article 60, and the following:

C. On April 1, 2013, the Defendant concluded a labor contract with M and N on April 1, 2013, the Defendant did not deliver to the said M and N a written statement specifying the constituent items, calculation method, payment method, small work hours, holidays under Article 55, and annual paid leaves under Article 60.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made by the police in relation to L or G;

1. Complaint;

1. A written complaint of G;

1. The attached data, such as proving the amount of income, the rules of employment of the company, basic data on wages, and the statement of work performance;

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