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(영문) 인천지방법원 2014.09.19 2014고정2146
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 254 full-time workers in Seo-gu Incheon and operates a F Stock Company.

The Defendant, around September 15, 2012, did not pay KRW 10,699, paid to G workers as a result of attending culture education conducted around August 15, 2012 at the above workplace, and did not pay KRW 727,556, total amount of wages for four workers from the above date to September 2013, as shown in the attached crime list, within 14 days from the 15th day of the following month, which is the date of the regular payment of each wage, without an agreement between the parties on the extension of the payment deadline for the money and valuables.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of part of the defendant's interrogation (including H and G's statement);

1. The police statement concerning G;

1. 12 copies of a collective agreement, 7 copies of a wage agreement, 11 of a collective agreement, and 7 copies of a wage agreement, 2013;

1. On the 59th 59th 2012 Education Day (the defendant and his defense counsel claimed that there was no obligation to pay wages because the said cultural education was conducted during the working hours of workers, which is not "training outside working hours" as provided for in the collective agreement. However, according to the evidence duly adopted by this court, each of Article 2 (1) of the Wage Agreement (in the 2012 Investigation Record 321) and the Wage Agreement (in the 20139th 201), states that "five days per week shall be 9.5 hours including 8 hours of basic labor and 1.5 hours of working," and Article 2 (2) of the same Act states that "the five days of working hours shall be 9.5 hours including 1.5 hours of working during the working hours", ② collective agreement in the 2012 and collective agreement in the 2013 (in the 2012nd 12th 2013.

Article 30 (2) of the Act on the Election of Education and Passenger Transport Service, which is entered in the second place, shall be the company for its members in addition to working hours.

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