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(영문) 울산지방법원 2014.09.04 2014고단1829
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located in Ulsan Northern-gu B, and is the employer who runs automobile parts manufacturing business using 35 regular workers.

Work hours shall not exceed 40 hours a week, excluding hours of recess, and work hours may be extended up to 12 hours a week, if the parties agree otherwise.

From November 1, 2013 to January 19, 2014, the Defendant had D workers working at the said workplace engage in overtime work for 13 hours a week in excess of the limit of overtime work, and had D workers working at the said workplace engage in overtime work for 15 hours a week in excess of the limit of overtime work from January 13, 2014 to January 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of serious accidents, and reports on trends related to the death of C trainees;

1. Standard on-the-job training agreement, standard labor contract, and standard internship contract;

1. Application of Acts and subordinate statutes on the attendance book and the attendance book in January 2014;

1. Relevant provisions of the Acts concerning criminal facts, and Articles 110 (1) and 53 (1) of the Labor Standards Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that overtime work at night even though the degree of violation of the law is not excessive because there are many working hours beyond the grounds for sentencing of Article 334(1) of the Provisional Payment Order, the relevant worker was an on-the-job trainee, and the standard agreement on the on-the-job training is clearly stated that the relevant worker was an on-the-job trainee, and that overtime work at night should not be conducted at night from 10 A.M. to 6 A.M., and that field training should not be conducted during night or on

Considering the fact that the collapse of the roof board has died and that the defendant has been punished twice due to the violation of the Occupational Safety and Health Act, the nature and circumstances of the crime are not easy.

In addition, the sentencing data recorded in the records, such as the defendant's age, family environment, character and behavior, and circumstances after this case are integrated.

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