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(영문) 광주지방법원 2020.10.29 2020고정614
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The accused is the representative of the J in the Dong-gu Gwangju Metropolitan City I who ordinarily employs eight workers and operates a chain restaurant business.

An employer shall not have pregnant or nursing women and those under the age of 18 work during hours from 10 p.m. to 6 a.m.

Provided, That this shall not apply where there exists a consent of those under 18 years of age and the Minister of Employment and Labor obtains approval.

Nevertheless, the defendant did not obtain the approval of the Minister of Employment and Labor of E (K students, full 17 years of age) who is under 18 years of age, and without obtaining the approval of the Minister of Employment and Labor.

0. From 10 p.m. to 2 a.m. on the following day; from 10 p.m. on December 12, 2019 to 2 a.m. on the following day; from 10 p.m. on January 24, 2020 to 12 a.m. on the following day; from 10 p.m. on March 4, 2020 to 2 a.m. on the following day:

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Extradition Report Act

1. Relevant Article 110 subparag. 1 of the Labor Standards Act, Articles 70(2) of the Act on the Selection of Punishment, and Articles 110 subparag. 1 and 70(2) of the Act on the Selection of Fines for Criminal Facts

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant is the representative of the JJ in Gwangju Metropolitan City, Dong-gu I, who ordinarily employs eight workers and operates chain restaurant businesses. A.

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

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

Nevertheless, the Defendant worked in the above workplace from June 14, 2019 to February 15, 2020, and retired from office in December 35, 2019, and 35,965 won, and 200.

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