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(영문) 창원지방법원 통영지원 2017.08.16 2017고단694

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer as a person in charge of business management who operates D (States) in Dong-gu, Gyeongnam-si, and employs 20 full time workers.

1. The Defendant violated the Labor Standards Act, as well as the wage of KRW 4,174,30,00, including the wage of KRW 2,321,80,80 for December 2016, and the wage of KRW 1,852,50 for January 2017, and the wage of KRW 4,174,300 for three workers, as in the attached Table No. 20,649,90 for the total amount of three workers’ wages from December 16, 2015 to January 26, 2017, did not pay 8,649,900, without any agreement between the parties on the extension of payment date.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the foregoing workplace, without any agreement between the parties on the extension of the payment date, including the retirement allowance 2,379,428 won of retired workers E, as well as the number 21,616,394 won in arrears, as in the attached Table No. 21,22, as in the attached Table No. 21,22.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Details of personal arrears, retirement allowance calculation statement, and wage ledger;

1. Application of Acts and subordinate statutes to gather information on places of business, and inquire about certified copies of corporate registers;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (including the payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 to attract a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, it appears that the payment of wages could not be made due to the aggravation of the financial environment caused by external factors, such as the aggravation of the management of the order office (C), with regard to the sentencing of the provisional payment order, there are extenuating circumstances in light of the developments leading up to the failure to pay wages, and the priority order is set and efforts are made to pay wages to workers.