logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.08.18 2017고정267
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a user who is a representative D in Changwon-si Masan-si, who is engaged in the business of manufacturing electronic equipment parts by employing 20 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 104,00,00 for the part-time wage of October 2016, 2016, the part-time wage of KRW 104,000 for annual paid leave, KRW 260,000 for annual paid leave, and KRW 75,540 for annual settled settlement refund of KRW 75,540 for year 2016, without agreement on the extension of payment date.

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 provide the said E with working hours of more than one hour and 30 minutes during working hours from August 22, 2016 to 08:00 the following day, such as granting only one hour of working hours from 24:00 to 01:00 the following day among actual working hours from 12 hours to 12:00 on the following day, as shown in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 109 (1), Article 36, and Article 110 subparagraph 1, and Article 54 of the Act on Standards for Voluntary Work for Criminal Facts, and Selection of fines, Article 109 (1), Article 36, and Article 110 of the same Act;

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;

arrow