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(영문) 창원지방법원 통영지원 2015.04.16 2014고단1171

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a ship mooring business by using 120 full-time workers under the trade name of “F” at the E (State) store located in D at the macroscoping.

When the Defendant concludes each labor contract with G around November 30, 2009 and around December 21, 201, around October 14, 2010, around January 1, 2012, with H and around June 23, 2011, and around January 1, 2012, the Defendant issued a written document that specifies the holiday under Article 55 of the Labor Standards Act, the annual paid leave under Article 60, etc. to the employees under Article 55 of the Labor Standards Act, and Article 60 of the annual paid leave, etc. to the said G et al., the Defendant did not deliver to the said employees the written document that specifies the holiday under Article 55 of the Labor Standards Act, the annual paid leave under Article 60 of the Labor Standards Act, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes on copies of employment contracts;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (1) and (2) of the same Act on criminal facts;

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

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. Summary of the facts charged

A. The Defendant in violation of the Labor Standards Act did not pay KRW 4,40,100, total amount of wages of two retired workers, including KRW 1,648,46, annual leave allowances, annual leave allowances of KRW 1,648,46, annual leave allowances of KRW 517,69,100, from February 27, 2009 to February 28, 2014, who retired from work as a strike and worked as a strike worker during the period from May 8, 2007 to March 31, 2014, within 14 days from each retirement date without an agreement on extension of the payment date between the parties.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 1,806,00,000 of retirement allowance C retired from his/her office from May 8, 2007 to March 31, 2014 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date.

2. Determination

(a) the crime of non-compliance;