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(영문) 창원지방법원 2019.01.11 2018고정574

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director C, a corporation in Nam-gu, Busan, who runs a construction business with five full-time workers.

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

Nevertheless, the Defendant, from September 18, 2017 to December 16, 2017, worked as the head of the site for the construction of the new building in Kimhae-si and retired workers E, did not pay KRW 9,718,750 as the total amount of KRW 3,94,960 for October 2017, monthly wage of KRW 3,94,960 for November 2017, monthly wage of KRW 3,94,960 for KRW 1,828,830 for December 2017, within 14 days from the date of the occurrence of the cause for payment without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes concerning confirmations of eligibility for health insurance;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017);

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

1. In light of the impact of the wage of a worker on his/her family living with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant's delayed payment without paying at all three-month wages for the entire period of his/her employee's work is not easy.

However, the defendant is against the wrongness.

It seems that the employer is in arrears with wages due to the aggravation of management conditions, and it does not seem to have any circumstances to criticize the defendant.

The overdue wage is about 9.7 million won.

Until now there has been no previous or suspended crimes.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.