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(영문) 창원지방법원 2011.11.04 2010고정2150

근로기준법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual operator of the (ju) D in Msan City, who has employed four regular workers, and operated the manufacturing business of shipbuilding machinery and equipment.

The Defendant served as the head of the management department from November 15, 2009 at the above company, and on January 16, 2010, the Defendant did not pay the total of KRW 3,000,000 for the wages of 3,000,000 for E retired workers on December 1, 2009, the total of KRW 6,000,000 for the wages of 3,00,000,000 for the above company from November 17, 2009 to the site manager, and did not pay the same total of KRW 840,000,000 for the retired workers on January 1, 209 to 1, 209; KRW 2,640,000 for the wages of 1,80,000 for the total of KRW 90,00 for the retirement workers on October 10, 209; and did not pay the same to G workers within 9,3010,000.9.

Summary of Evidence

1. The statements of witnesses E and F in the third protocol of the trial;

1. Statements made by witnesses G and H in the fourth trial records;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each police statement of E and F;

1. A petition and a written statement of the G production;

1. Each complaint;

1. Application of Acts and subordinate statutes on subscription certificates of stocks;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;