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(영문) 광주지방법원 2016.03.31 2016고정68
근로기준법위반
Text

The defendant shall be punished by a fine of KRW 500,000 ($00,000), and if the above fine is not paid, KRW 100,000 ($0,000).

Reasons

Punishment of the crime

The defendant is the Seo-gu D Mart representative in Gwangju, who operates a marina using three full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and deliver written statements specifying the matters concerning the working hours prescribed in the calculation method and payment method of wages, holidays, and annual paid leaves to workers;

Nevertheless, the Defendant entered into a labor contract with E on October 1, 2013 at the above workplace and did not specify the above working conditions, but did not deliver the specified documents.

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 inform the worker E, who worked for 12 hours a day from October 1, 2013 to June 11, 2014 at the above workplace, of the working hours of 12 hours a day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the police accused;

1. The defendant asserts to the effect that it is not a violation of the Labor Standards Act, since the defendant took a sufficiently rest even if he did not explicitly grant time because he had worked in the worker E-pt and in the new wall time zone due to the fact-finding 2, as the result of processing the written accusation of the police's statement, the written accusation of the victim's benefit claim, the written confirmation, confirmation letter, written confirmation, written confirmation, written agreement, written preparation, and written statement (Evidence Nos. 1, 3, 4, 5, 8 through 18, 21, and 26 of the evidence list).

The hours of rest as prescribed by the Labor Standards Act are the meaning of explicitly what time a worker can freely rest regardless of the seriousness of the intensity of labor.

Workers in this case.

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