근로기준법위반등
The sentence of sentence against the defendant shall be suspended.
Allowances and retirement allowances for workers B among the facts charged in the instant case.
Criminal facts
The Defendant is an employer who operates a ship design construction business using 120 full-time workers under the trade name of “E” in C at the time of macroscoping.
The Defendant, around October 31, 2013, entered into an employment contract by modifying the terms and conditions of the existing contract with B with the employees of the company at issue, and the employer, upon entering into or amending the employment contract, did not deliver to B a document that specifies the holiday under Article 55 of the Labor Standards Act, annual paid leave under Article 60, etc., despite the fact that the employer, when entering into or modifying the employment contract, did not deliver to B a document that specifies the holiday under Article
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to B, F, and G;
1. Application of Acts and subordinate statutes on investigative data;
1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) (amended by Act No. 12575, May 14, 201);
1. The rejection of prosecution in consideration of the following: Article 59(1) of the Criminal Act (a) of the suspended sentence (a fine of 300,000 won to be imposed for the suspended sentence); Article 59(1) of the Criminal Act (b) of the Act on the
1. The summary of the facts charged is that the Defendant is an employer who runs a ship mooring business using 120 full-time workers under the trade name of “E” in C at the time of macroscoping.
The Defendant violated the Labor Standards Act: (a) from February 1, 2013 to August 23, 2014, the Defendant did not pay KRW 289,01,01, which was retired from office, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 1,819,680 of retirement allowances B, which he retired from office, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date, while serving as a dispatched worker from February 1, 2013 to August 23, 2014.
2. Reasons for dismissing the public prosecution; and