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(영문) 창원지방법원 통영지원 2017.11.24 2017고단1070

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 1070" is an employer who is a person in charge of actual business of operating a vessel with seven full-time workers in the trade name of Gyeong-gun B from Gyeongnam-gun to (State) C.

The Defendant, from March 15, 2017 to March 15, 2017, worked as an agent in contact with the said company, and did not pay KRW 20,516,300, in total, seven retired workers within 14 days from the date of each retirement, as stated in the list of crimes in attached Table, as well as KRW 450,00,00, retired from March 19, 2017.

The defendant of "2017 Highest 1319" is a full-time worker employed by four full-time workers from the trade name of Gyeongnam-gun B to Gyeongnam-gun (State)C, who operates a vessel processing business.

The Defendant did not pay KRW 3,50,000, total of the wages of KRW 1,750,000 for May 201, 2017, and the wages of KRW 1,750,000 for June 2017, as well as KRW 3,50,000 from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

"2017 Highest 1070"

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, H, I, and J;

1. A written statement of D, H and one other, F, G et al., and J;

1. "Details of fact-finding, such as telephone, 2017 Senior 1319";

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Details of the transfer of benefits, and application of the relevant statutes;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;