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Reasons
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(영문) 대전지방법원 2013.11.15 2013고단2632
근로기준법위반등
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Defendant shall be punished by a fine of KRW 80,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Labor Standards Act by employing six full-time workers, and paying KRW 2,30,90 in total by paying KRW 2,300,00 in December 15, 201, including overtime work allowances, to D workers affiliated with C, a company, on January 15, 2012, including overtime work allowances, and did not pay the full amount of wages to D from around that time to July 15, 2012.

2. Article 25 subparag. 2 of the collective agreement concluded with the C Branch of the Public Transport and Social Services Trade Union on November 28, 2011 provides that “The employer of the violation of the Labor Union and Labor Relations Adjustment Act shall pay 50% additional wages when he/she works on the holidays prescribed in Article 2 of the Regulations on Holidays of Public Offices.”

On February 15, 2012, the Defendant violated a collective agreement by failing to pay additional wages of KRW 73,016 on January 23, 2012 and January 24, 2012, to D, a member of the C branch of the Public Transport and Social Services Union, which is a permanent holiday, as well as by failing to pay additional wages of KRW 73,016 from around that time to July 15, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Each police statement concerning D;

1. Details of the calculation of benefits, and detailed statement of benefits (No. 7 No. 1136);

1. Application of Acts and subordinate statutes of each investigation report;

1. Selection of each fine under Article 109 and Article 43(1) of the Labor Standards Act (in violation of the principle of full payment of wages) regarding criminal facts and the choice of punishment (in violation of Article 92 Subparag. 2 and Article 31(1) of the Trade Union and Labor Relations Adjustment Act) (Article 92 Subparag. 2 of the same Act and Article 31(1) of the same Act (Article 92 of the same Act)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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