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(영문) 의정부지방법원 고양지원 2014.02.12 2013고단837
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is an employer who runs welfare service business using 156 full-time workers as the head of F in the Gyeonggi-gu Incheon Metropolitan City E from January 30, 2008 to December 31, 2010. Defendant B is an employer who runs welfare service business using 156 full-time workers as the head of the above F’s facility from January 1, 201 to December 150.

Defendant

B (1) The Defendant did not pay KRW 73,397,160 in total for 74 workers’ overtime and night work allowances on the 25th day of each month from January 201 to December 12, 2010, including KRW 990,864 in attached Form 2010 for G, including KRW 972,434 in overtime work allowances and night work allowances, and KRW 73,397,160 in total for 74 workers’ overtime work allowances and night work allowances, as stated in the details of overtime work allowances and night work allowances in 2009. However, the Defendant did not pay KRW 76 overtime work allowances and night work allowances on the 25th day of each month from January 2010 to December.

B. Defendant A (1) The Defendant did not pay KRW 232,111,239, total amount of overtime and night work allowances to 72 employees, as stated in the details of the overtime allowance and night work allowance in 2011, including KRW 3,668,137, and KRW 232,11,239, as well as KRW 3,68,137, which were worked in the said F from January 1, 201 to December 30, 201, on the 25th of each month of the ordinary wage payment day, and (2) the Defendant is working in the said F from July 1, 201 to September 30, 201.

The retired H’s overtime allowance and night work allowance from January to September 201, 201, from January to December 22, 201, and from December 1, 2003 to December 22, 201, respectively.

The retirement I's total amount of KRW 5,466,956, including KRW 2,828,295, and KRW 5,466,955, from January to December 12, 2011 to KRW 2,828,295.

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