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(영문) 창원지방법원 진주지원 2020.04.22 2019고정221

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a taxi transport business using 18 full-time workers as the representative director of C(A) in the South-west Sea Zone B.

The Defendant did not pay 1,206,00 won annual unused allowances of 2015, annual unused allowances of 1,2071,360 won, annual unused allowances of 2016, annual unused allowances of 2017, annual unused allowances of 1,294,225 won, and annual unused allowances of 2017, from April 1, 2016 to September 16, 2018, two workers, including the annual unused annual unused allowances of 772,80 won, annual unused allowances of 2018, which were worked at the said workplace from April 1, 2016 to September 16, 2018, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against D (Evidence No. 12);

1. Application of Acts and subordinate statutes to each employment contract, each collective agreement and wage agreement, passenger transport business license, and total certificate of registered matters;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter “former Labor Standards Act”); the choice of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;