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(영문) 창원지방법원 마산지원 2019.06.21 2018고단1199

근로기준법위반등

Text

Defendant shall be punished by a fine of 2.5 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 of the C Co., Ltd. in Haan-gun B who operates the manufacturing business of industrial machinery by employing 17 full-time workers.

"2019 Highest8"

1. The Defendant in violation of the Labor Standards Act did not pay KRW 500,000,000,000,000,000,00 for April 5, 2018, which worked in the above workplace from November 1, 2016 to July 5, 2018, and KRW 4,66,00,00 for May and June of the same year, and KRW 9,166,00 for July’s wage, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 6,663,148 of D retirement allowances within 14 days from the date of retirement, which is the date when the cause for payment occurred, without mutual agreement between the parties to the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written petition for DNA preparation;

1. Application of Acts and subordinate statutes to the detailed statement of personal unpaid money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Rejection of public prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is the user who operates the manufacturing industry of industrial machinery by ordinarily employing 17 workers as the representative director of the C Co., Ltd. in the Haan-gun B.

"2018 Highest 1199"

A. The Defendant violating the Labor Standards Act is working from February 1, 2017 to July 31, 2018 at the above workplace.

The amount of wages of 1,50,020 won in May 2018 shall not be paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties to the contract, and the total amount of wages of 61,065,636 won in total, as stated in the details of personal delayed payment money and valuables, shall be 14 days from the date of retirement without any agreement on the extension of the due date between the parties to the contract.