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(영문) 광주지방법원 목포지원 2016.12.16 2016고단696

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a director of a limited liability company C located in Yong-nam Cancer Group B, who employs approximately 30 full-time workers and operates the manufacturing business of components of a ship.

The Defendant is working at the same workplace from July 21, 2013 to May 7, 2015.

Wages 2,664,00 won of retired D was not paid 14 days after the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The written petition filed by D and D;

1. The application of Acts and subordinate statutes to the details of the amount in arrears (Evidence List No. 11);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in this part of the facts charged is a director of a limited company C in Yong-nam Cancer B, who employs approximately thirty full-time workers and operates a manufacturing business of components of a ship. A.

The Defendant in violation of the Labor Standards Act is working at the same workplace from January 1, 2015 to April 9, 2015.

The retired F's wages of KRW 1,109,910, and KRW 21,772,360, each of them was not paid for 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as stated in the attached Table Nos. 1 to 18, including the amount of wages of KRW 1,109,910.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act is serving in the same workplace from February 6, 2012 to April 9, 2015.

The retirement allowance of the retired G was not paid 51,966,630 won in total, including 8,307,780 won and 51,96,630 won in addition to the list of crimes in the separate sheet of crimes.

2. The crime described in this part of the facts charged is subject to Articles 109(1), 36 and 10 of the Labor Standards Act.