logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.01.26 2014고단2383
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the EE located in Jeonjin-gu Seoul Special Metropolitan City (State) and a person who operates the business of manufacturing publications using 60 full time workers.

1. Work hours per week for an occupation worker who exceeds overtime work hours shall not exceed 40 hours a week, and the work hours a day shall not exceed 8 hours a week, and the work hours may be extended within the limit of 12 hours a week by an agreement between the parties concerned;

Nevertheless, the defendant let F, who retired from the above workplace, work as above, extend more than 12 hours per week as shown in the list of crimes in the attached Form.

2. An employer who fails to prepare a labor contract shall clearly state the matters concerning wages, prescribed working hours, holidays, annual paid leave, and working conditions to workers when concluding a labor contract, and shall deliver written statements in which the constituent items, method of calculation, method of payment, etc. of wages are specified to such workers;

Nevertheless, the defendant did not prepare the F's employment contract that was retired from the above workplace from September 1, 2014 to August 31, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A president of the F;

1. The current status of attendance at work, F. F. the labor contract for annual salary, wage ledger, commuting register, worker register, workplace register, company's office, wage ledger, wage ledger, commuting hours, complainant's pay ledger, complainant's paid wages ledger, details of overtime work allowances, unpaid payment of overtime work allowances, complaint, and application of the rules of employment to the Bank of Bankruptcy and the Rules of Employment to the Bank of Korea.

1. Relevant legal provisions and Articles 110 and 53(1) (a) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) concerning facts constituting an offense, and Articles 114 subparag. 1 and 17 of the former Labor Standards Act (a violation of the duty 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 order of provisional payment;

arrow