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(영문) 청주지방법원 2014.02.07 2013고단1223
근로자퇴직급여보장법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant, from November 4, 2012, is an employer who, as the representative director of (D) D in a substantial district of Cheongju-si, operates a newspaper publishing business using 62 full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer may extend working hours for a worker during a recess of not more than 40 hours a week, and not more than 8 hours a day, and extend working hours for a week only within the limit of 12 hours a week, even if there exists an agreement between the parties concerned;

Nevertheless, the Defendant had employees E work for more than 14 hours and 10 minutes from April 2, 2012 to April 8, 2012, and 13 hours and 39 minutes from July 2, 2012 to July 8, 2012, as shown in the attached Table of Crimes (3).

(b) An employer shall not have pregnant or nursing women work during the hours from 10:0 o'clock to 6:0 o'clock, except in case where a pregnant woman requests clearly, with the approval of the Minister of Employment and Labor, such a request shall not be made;

Nevertheless, on May 12, 2012, the Defendant had a pregnant worker F, without the approval of the Ministry of Employment and Labor, engage in work and holiday work 10 p.m. over 14 p.m. as shown in the attached Table of Crimes (4), including having a pregnant worker F, without obtaining the approval of the Ministry of Employment and Labor, from the said workplace from May 12, 2012.

(c) An employer shall, upon entering into or changing a labor contract, deliver to the worker a written statement specifying the items constituting wages, calculation method, payment method, contractual work hours, holidays, and the matters pertaining to annual paid leave;

Nevertheless, the Defendant did not deliver to workers 63 documents indicating the wage constituent elements, such as G with changing wages on January 2012, 2012, as shown in the attached list of crimes (5).

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