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(영문) 수원지방법원 2019.06.20 2018고정1608
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a representative of Suwon-si B building in Suwon-si and D, is an employer who runs educational service business using one full-time worker.

1. An employer shall allow a recess of not less than thirty minutes if working for four hours or a recess of not less than one hour if working for eight hours, during work hours;

Nevertheless, even though the Defendant had worked for more than 7 hours a day to E, the Defendant did not continue to work for more than 30 minutes of recess while having worked for more than 7 hours a day.

2. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, while concluding a labor contract on February 23, 2015 with E working in the above workplace, the Defendant did not deliver to the employee a document stating the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

3. An employer shall pay wages exceeding the minimum wage amount to workers to whom the minimum wage applies; and

Nevertheless, the Defendant paid to E working as above KRW 14,596 on March 2015, and KRW 48,622 on April through December, 2015, and KRW 601,512 on January 149,318 on the minimum wage amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes to the police protocol of partial statement to E;

1. Article 110 of the Labor Standards Act and Articles 110 and 54 of the Labor Standards Act concerning criminal facts as well as the grant of recess hours;

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