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(영문) 인천지방법원 2015.10.30 2015고정2437
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a C representative in the Nam-gu Incheon Metropolitan City, who is an employer who runs a general food business with three regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant's place of business has been on the ground of negligence from May 12, 2014 to June 14, 2014.

The retired D's wages of 200,000 won in June 2014, and the weekly workers from May 1, 2014 to July 12, 2014.

Retired E's work as wages of 709,670 won, June 11, 2014 to August 29, 2014.

The retired F's total wage of KRW 1,577,670 for three retired workers, including wage of KRW 668,00,000 in August 2014, was not paid respectively within 14 days from the date of each retirement, without any agreement between the parties on the extension of the due date.

2. Working hours of a person aged between 15 and under 18 shall not exceed seven hours per day or forty hours per week;

Provided, That it may be extended by up to one hour a day and six hours a week by an agreement between the parties.

Nevertheless, the Defendant, from May 12, 2014 to June 14, 2014, had 10 hours a day exceeding the hours of the restriction on work hours, such as the details of the list of crimes in the attached Form, 10 hours a day exceeding the hours of the restriction on work hours, and 60 hours a week from May 12, 2014 to June 14.

3. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, the items and methods of calculating wages, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing to workers.

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