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(영문) 서울남부지방법원 2013.08.20 2013고정1102
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative of the Gangseo-gu Seoul Metropolitan Government “E”, is an employer who runs a lodging business using 20 full-time workers.

1. An employer shall specify wages, working hours, and other working conditions for workers when concluding a labor contract, and in this case, he shall deliver workers a written document specifying the constituent items, method and method of payment, etc. of wages;

Nevertheless, on February 24, 2012, the Defendant concluded a labor contract with Labor F, Workers G on March 12, 2012, Workers H on April 21, 2012, and Workers H on February 13, 2012, respectively, and did not specify in writing the terms and conditions of employment, such as the composition items, method of calculation, and method of payment of wages.

2. From February 24, 2012 to May 31, 2012, the Defendant did not pay 8,100,490 won in total to four retired workers, including 64,100 won in overtime allowances, 12,310 won in overtime work allowances, 40,740 won in overtime work allowances, and 1,90,90 won in overtime work allowances, and 40,740 won in holiday work allowances, as indicated in the attached list of crimes, including 8,10,490 won in total for four retired workers, including G, H, and I, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

3. An employer shall not have workers work for more than 40 hours a week, excluding recess hours, and, even if there exists an agreement between the parties concerned, may, in principle, extend work hours only within the limit of 12 hours, unless the Minister of Employment and Labor approves due to special circumstances.

Nevertheless, the Defendant had F, G, H, and I, working for the period specified in the attached list of crimes, worked for F, G, H, and I for 72 hours a week during the above period of work, and had them work for more than 52 hours a week in excess of the limit of 52 hours a week.

4. An employer shall allow workers at least one paid holiday per week on average;

Nevertheless, the defendant is attached to the attached Form.

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