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(영문) 창원지방법원마산지원 2020.10.06 2019고단425

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of K corporation in Changwon-si, Changwon-si and the user who operates urban bus transportation business using 130 full-time workers.

1. Violation of the Labor Standards Act [Non-Payment of Wages to Workers] The Defendant did not pay KRW 731,430 on the 15th day of the following month, each of which is the date of regular payment, as stated in attached Table 2, including that the Defendant did not pay KRW 5,189,338 in total, including the amount of wages, etc., as stated in attached Table 1, 15,000 on February 15, 2018, a regular payment date, from November 23, 2013 at the said workplace.

2. An employer in violation of the Trade Union and Labor Relations Adjustment Act did not violate matters concerning wages, welfare expenses, retirement allowances, etc. among the contents of a collective agreement concluded pursuant to Article 31(1) of the Trade Union and Labor Relations Adjustment Act. The Defendant did not pay KRW 1,198,800 of L of workers under Article 30 (Support for School Expenses) of the collective agreement at the end of each quarter, and KRW 1,198,800 of L of workers under Article 30 (Support for School Expenses) of the collective agreement. The Defendant did not pay KRW 64,500 of L of workers under Article 35 (Education and Education) of the collective agreement, and did not pay KRW 64,500 of the amount of supplementary education expenses for the year 2017.

Summary of Evidence

"2019 Highest 425"

1. Defendant's legal statement;

1. Each police statement about D or L;

1. Application of Acts and subordinate statutes of each collective agreement;

1. Article 109(1) and Article 43(2) of the Labor Standards Act (which means the payment of wages, the selection of fines) on criminal facts, Article 92 Subparag. 2 and Article 31(1) of the Trade Union and Labor Relations Adjustment Act (which means the violation of the collective agreement, and the provision of fines only);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes provided for in a violation of the Labor Standards Act heavier than punishment);

1. Article 70(1) of the Criminal Act for the detention of a workhouse.