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(영문) 전주지방법원 군산지원 2016.08.19 2016고정273

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who employs 22 full-time workers as the representative of the Gunsan-si B (Joint)C located in the Gunsan-si and runs transportation business (general taxi).

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and extend the date by mutual agreement between the parties concerned, if any special circumstance exists;

Nevertheless, the Defendant, who retired from office from November 6, 2012 to July 14, 2015, did not pay KRW 35,498,843 in total, including 509,453 won on April 4, 2015 of D’s retired wages, as well as 35,49,453 won, such as wages, shutdown allowances, etc., of 10 workers, within 14 days from the date of retirement without any agreement on extension of payment date between the parties concerned (Provided, That an employer who violated the Minimum Wage Act, as of June 30, 2015, shall pay wages exceeding the minimum wage amount to workers subject to the application of the minimum wage rate, as shown in attached Table 1 and 2.

Nevertheless, the Defendant paid three workers (F, E, G) wages below the minimum wage amount, as shown in the list of crimes committed, to E retired from office as working from April 21, 2014 to July 23, 2015, as well as paying wages below the minimum wage amount from April 2014 to April 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to report on investigation;

1. Articles 109(1), 36 (Violation of the duty to liquidate money or goods), 28(1), and 6(1) of the Minimum Wage Act (which means the payment of minimum wage) of the relevant Act on the basis of criminal facts, and the selection of each fine for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act (1, 100,000 won per day, 1, 100,000 won);

1. Article 59(1) of the Criminal Act provides that a suspended sentence (a fine of KRW 1,00,000 shall be imposed on the victimized workers) shall be imposed.