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(영문) 서울중앙지방법원 2016.06.29 2015고정2455
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Labor Standards Act regarding D.

Reasons

Punishment of the crime

The defendant is the representative of the Jung-gu and the fourth floor F Management Association in Seoul, and is a user who runs a commercial building management business using ten full-time workers.

1. Wages in violation of the Labor Standards Act due to the failure to pay annual allowances shall be paid in full directly to workers in currency;

Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay 2,145,532 won in total on the day of each regular payment, including that the Defendant did not pay 253,95 won in total of the annual unused allowances of G, which had been employed in the said workplace from January 15, 2008, on each regular payment day.

2. An employer who violates the Labor Standards Act due to an extension or payment of night allowances shall pay 50 percent or more of ordinary wages for overtime or night work in addition to the ordinary wages.

Nevertheless, the defendant did not pay 2,64,00 won in total of G's extended allowances, including 2,64,00 won in total, and 4,066,650 won in night allowances, and 4,06,650 won in addition to 50/100 of ordinary wages for extended 7 workers and night work as shown in attached Table 2 of the daily table of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made against H, G, I, J, K, L, or M;

1. A copy of each labor contract, and a copy of each commuting card;

1. Application of Acts and subordinate statutes of the Seoul Central Court Decision;

1. Relevant legal provisions and Articles 109(1) and 43(1) of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) through 56 of the same Act (the fact that each annual unused allowance is unpaid, the choice of fines), and Articles 109(1) and 56 of the Labor Standards Act (the fact that each extension and night work allowance is unpaid, and the choice of fines);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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