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(영문) 수원지방법원 안산지원 2019.02.13 2018고정620
근로기준법위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Seocho-gu Seoul Metropolitan Government (State) building C, who runs a construction business using ten regular workers.

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

Nevertheless, on March 2, 2015, the Defendant did not specify in writing the constituent elements, calculation method, payment method, contractual work hours, holidays, and annual paid leave when concluding a labor contract with F of retired workers who worked in the field of new apartment construction in the E-building construction site and around March 2, 2015, and did not deliver a document specifying the working conditions to workers.

2. An employer shall allow workers who have worked for the prescribed working days per week at least one paid holiday average;

Nevertheless, from March 2, 2015 to June 21, 2016, the Defendant continued to provide F with labor without granting a total of 33 days of paid leave as shown in the attached Table of Crimes (1) to F, who opened the said workplace with a 33-day working day.

3. An employer shall pay fifty percent or more of ordinary wages for overtime work or holiday work in addition to that of ordinary wages;

Nevertheless, from March 2, 2015 to June 21, 2016, the Defendant calculated and paid only the daily wage without adding at least 50/10 of ordinary wage to every Saturday overtime work and every Saturday holiday work.

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

Nevertheless, the Defendant.

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