beta
(영문) 창원지방법원 2017.07.20 2017고단541

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of the shipbuilding machinery manufacturing company C located in Kimhae-si, who is the employer.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, etc. within 14 days from the date on which the cause for such payment occurred: Provided, That the payment date may, in special circumstances, be extended by mutual agreement between the parties concerned.

[2017 Highest 541] The Defendant did not pay KRW 947,311 of the wages of the D, which was employed in the above C as of October 21, 2016 through December 9, 2016, as in the period of time extension for payment between the parties, even after the lapse of 14 days from the date of retirement without agreement between the parties on the extension of the period of time for payment.

[2017 Highest 1808] Defendant Company did not pay KRW 2,616,250 for July 16, 2016, the wage of KRW 2,600,00 for August 2016, the wage of KRW 2,60,000 for September 2016, and KRW 2,80,000 for work from November 10 to September 30, 2016, the wage of KRW 2,80,000 for July 2016, the wage of KRW 2,736,00 for August 2016, the wage of KRW 20,00 for which he/she had worked from July 10 to September 30, 2016, the wage of KRW 2,00 for which he/she had worked until September 20, 2016, KRW 2,00 for 2,00 for 20 August 2016, 205

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement D, each police statement protocol against E, each complaint ledger, and the appeal ledger

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of a fine for selective punishment (the unpaid money and valuables are more than 2,00 won, and the delayed payment has been caused due to business difficulties, and the defendant eventually closes his/her business, and is in violation of the first and second punishment, etc.);

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with detention in a workhouse

1. The Defendant is the managing staff under the above C from September 22, 2014 to September 30, 2016.