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(영문) 수원지방법원 안양지원 2017.08.22 2017고정147
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of social welfare foundation E located in Ansan-gu, Ansan-gu, and is an employer who operates a childcare facility.

The defendant did not pay 19,67,083 won, as stated in the list of crimes in the attached Table, including the FF's wage of 313,414, which worked in the above workplace from July 10, 2002 to December 31, 2015, within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Current status of individual benefits;

1. The application of response statutes to directions for correction of matters in violation of labor-related Acts and subordinate statutes, and requests for confirmation of details thereof;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same Act;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The amount, out of the amount stated in the list of crimes attached to the summary of the defendant and his defense counsel's assertion, excluding the omitted portion of the extended allowances in 2013 and the omitted portion of the extended allowances in 2014, is calculated on the premise that the flexible working-hour system, implemented by the defendant's workplace, is null and void, and the flexible working-hour system, implemented by the defendant's workplace, is valid.

2. Determination

(a) An employer who has been engaged in flexible work hours set forth in Article 51(1) of the Labor Standards Act for two weeks may allow workers to work in excess of the working hours set forth in Article 50(1) in a particular week, or in excess of the working hours set forth in Article 50(2) in a particular day, to the extent that average working hours per week during a certain unit period of not more than two weeks do not exceed the working hours set forth in Article 50(1), as prescribed by the rules of employment (including those equivalent to the rules of employment);

Provided, That working hours of a particular week shall not exceed 48 hours.

(b).

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