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(영문) 창원지방법원 통영지원 2017.06.13 2016고단1566

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who runs a vessel processing business using 30 full-time workers under the trade name of E in Tong-si, Dong-si, Dong-si.

If a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay the total amount of KRW 3,249,316 of the wages of two retired workers, including KRW 1,950,00 in March 5, 2016 and KRW 1,950 in March 19, 2016, as well as KRW 3,249,316 in March 3, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of Acts and subordinate statutes to the current status of unpaid money and valuables, the attendance ledger from December 15 to May 16, 16, and the wage ledger.

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is a business owner who ordinarily employs 30 full-time workers in the name of E within the territory of Tong Young-si and operates a vessel processing business, and is an employer.

If a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, but the defendant shall be from March 3, 2016 to the same year at the same workplace.

4. 5. By March 2016, H’s wage of KRW 4,050,00, which has been served as painting workers until March 2016, as well as KRW 1,2,4 through 29,31, together with the wage of KRW 29, 14,302,163, including the wage of KRW 4,050,00, shall be paid within 14 days from the date of retirement without agreement between the parties to the extension of payment period.