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(영문) 의정부지방법원 2018.08.23 2018고정482
근로기준법위반
Text

Defendant

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

Defendant

C Where the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

1. Defendants in violation of the Labor Standards Act were the former representative director of F, a living facility for the disabled in both weeks, both weeks, and Defendant A was appointed from December 1, 2012 to February 28, 2014; Defendant B was from March 1, 2014 to April 30, 2016; Defendant C was appointed from May 1, 2016 to December 16, 2017 (the managing supervisor from May 1, 2016 to July 31, 2016; and from August 1, 2016 to December 16, 2017, the said F was the representative of F).

Wages shall be paid in full to workers every month in currency, and shall be paid at least once a month on a fixed date.

Nevertheless, Defendant A, who worked from the above F to August 1, 2013, failed to pay KRW 151,950 for night work allowances, KRW 349,485, including KRW 151,950 for night work allowances, KRW 197,535 for night work hours in August 2013, and KRW 2,418,635 until February 2014, as indicated in the list of crimes in the attached Table, was unpaid. Defendant B, as indicated in the list of crimes in the attached Table, failed to pay KRW 545,470 for night work allowances in March 2014, including KRW 9,788,445 for night work allowances in April 2016, Defendant C, including KRW 293,00 for regular work allowances in May 29, 2016, KRW 408,080 for night work hours, was unpaid until 2085 hours in total,00.

2. Defendant C’s trade union and the Defendant violating the Labor Relations Adjustment Act are those who serve as the representative of the said F from May 1, 2016 to December 16, 2017.

(a) An employer shall not dismiss or give disadvantages to a worker on the ground that the worker has joined or attempted to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union;

Nevertheless, on January 26, 2016, the Defendant’s employees G are engaged in public transportation labor across the country.

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