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(영문) 창원지방법원 2014.11.19 2014고정1094
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the E coffee shop in the counter of Changwon-si.

1. On January 21, 2014, the Defendant, while working in the above workplace, did not pay KRW 3,450,000,000, in total, within 14 days from the date of his/her retirement without an agreement on extension of the payment due date, and did not pay KRW 9,531,217, in total, five employees, as shown in the attached crime list, within 14 days from the date of his/her retirement without any agreement on extension of the payment due date.

2. The Defendant did not grant workers H, I, and J a recess of more than one hour each day between work hours of not less than 30 minutes in cases where work hours are four hours, and not less than one hour of work in cases where work hours are eight hours, and not less than 30 minutes each day during work hours from June 2012 to January 2014.

3. From June 25, 2012 to November 28, 2013, the Defendant did not specify working conditions, such as wages, working hours, holidays, etc. when concluding a labor contract with a worker F, and did not deliver to the said F a written document stating the constituent items, calculation method, etc. of wages, and instead did not specify working conditions when concluding a labor contract with five workers from June 25, 2012 to November 28, 2013, and did not deliver a written document specifying working conditions.

4. From March 21, 2013 to July 20, 2013, the Defendant paid workers G with wages below the minimum wage rate of 3,883 won below the minimum wage rate of 4,860 won to G, and paid workers G and F with wages below the minimum wage rate of 3,883 won from March 21, 2013 to January 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, H, I, and J;

1. Each criminal complaint and a petition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109(1) of the relevant Act and Article 109(1) of the Labor Standards Act concerning criminal facts;

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