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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1893
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

1. The Defendant in violation of the Labor Standards Act is an employer who operates a general restaurant called “C” on the 5th, Seoyang-dong, Seoyang-gu, Busan Metropolitan City, and the employer should pay all money and valuables, such as wages, within 14 days after the cause for the employee’s retirement, etc. occurs.

Nevertheless, the Defendant, from March 25, 2015 to June 11, 2015, did not pay KRW 200,000 for paid-in hours of paid-in hours of D, and KRW 600,000 for paid-in hours of paid-in hours of paid-in hours of working from March 16, 2015 to June 30, 2015, within 14 days from the date of each retirement of the Defendant.

2. On July 2015, the Defendant had filed a petition with the high-class branch office of the Employment and Management Office of the Central and Local Workers' Office on the ground that he/she had a worker at the above business establishment around July 2015, and that he/she had not paid weekly leave allowances from E.

Therefore, at the time of concluding the labor contract with the above victims, the Defendant changed the statement to the same purport of the labor contract, along with the written application for the assertion that the above victims had entered into the labor contract including the weekly holiday allowances, and had the above written application submitted it to the officer of the senior branch office of the Korea Employment Agency of Middle-gu to submit it.

On August 2015, the Defendant stated “(i.e., working-level pay of KRW 8,000)” in the part of the wage in the labor contract with the victim D, which was entered into around May 2015, using the penology, and stated the phrase “(including all kinds of allowances, such as night allowances)” in the following part: (ii) submitted it to the labor supervisor of the senior branch office of the Central Labor Agency of the Central Labor Agency of Jung-gu who is aware of the forgery; and (iii) the Defendant submitted the said phrase in the same manner written labor contract with the victim E.

Accordingly, for the purpose of exercising the rights and obligations of the above victims, the defendant altered the labor contract, which is a private document, and exercised it respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of Police Statements to D and E (Attachment).

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