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(영문) 인천지방법원 2015.02.05 2014고정3977
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of Nam-gu Incheon Metropolitan City D (State) C, who ordinarily employs 44 workers and operates a main manufacturing business.

An employer may extend work hours of a worker within the limit of 12 hours a week, 40 hours a week, and may not exceed 8 hours a day, and may not extend work hours for more than 12 hours a week, even if there exists an agreement between the parties concerned.

Nevertheless, the Defendant worked from September 1, 2005 to November 20, 2013 at the above workplace, and had five persons, such as retired E, engage in overtime work more than 12 hours a week, such as the list of crimes (the details of overtime work) in attached Form E.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 110 of the relevant Act and Articles 110 and 53 (1) of the Labor Standards Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse;

1. It is so decided as per Disposition on the grounds that Article 59(1) of the Criminal Code of the Suspension of Sentence (i.e., that workers do not want punishment against the defendant by agreement with workers) is more than that of the Criminal Code.

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