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(영문) 창원지방법원 통영지원 2018.09.17 2016고정355

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who is a representative of E located in D at the time of macroscoping and has been engaged in a vessel processing business with 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant, from July 20, 2015 to November 25, 2015, retired from the above workplace as the preceding president, the defendant expressed his/her intention not to punish in attached Form 1, 2, 4, and 3 workers H expressed his/her intention not to prosecute in attached Form 1, 2, 4, and 5, and following the cancellation of prosecution by the prosecutor against the violation of the Labor Standards Act by workers H.

b. As above, the parties did not pay the total of KRW 10,878,990 within 14 days from the date of retirement for which the grounds for payment occurred, without any agreement on extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the second public trial record;

1. G statements;

1. Application of Acts and subordinate statutes to wage statements and transaction statements;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (1) and 36 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the fact that the Defendant, applying Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, has partially repaid wages to workers I and J.