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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of E (ju) in Suwon-si, who employs 70 full-time workers and operates a manufacturing business as the representative of E (ju) in Suwon-si.
(a) An employer may extend the hours of work per week to a maximum of 40 hours a week and to a maximum of 12 hours a week, and the hours of work per day shall not exceed 8 hours a week, and even if there exists an agreement between the parties concerned, the hours of work per week may be extended to a maximum of 12 hours a week;
Nevertheless, during the period from March 21, 2014 to February 29, 2016, the Defendant had a worker F of the said workplace work for more than 12 hours per week as shown in the attached Table F wage payment statement.
(b) An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
Nevertheless, the defendant did not specify wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree when concluding a labor contract with F working in the above workplace on March 21, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the petitioner to F;
1. Statement of the witness to G;
1. Application of Acts and subordinate statutes governing the recalculation of benefits;
1. Article 110 subparagraph 1 of the relevant Act concerning facts constituting an offense, and Articles 110 and 53 (1) of the Labor Standards Act (a violation of restrictions on overtime labor and a fine) of the same Act, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a violation of duties to specify working conditions);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant caused each of the crimes of this case, the reason why the worker F does not want the punishment of the defendant, and that the defendant is identical to the defendant.