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(영문) 창원지방법원 진주지원 2016.07.06 2016고정105
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer, who is a representative director of D Co., Ltd. located in C and C at the time of Jinju-si, and is engaged in electrical construction business with two full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay the total amount of KRW 3,100,000 for the employees retired from office as an internal public official from the above company from July 1, 2014 to September 30, 2015, the total amount of KRW 5,200,000 for the wages of KRW 3,10,000 for September 2015, and the total amount of KRW 5,20,000 for the wages of KRW 2,50,000 for the wages from November 1, 2014 to October 10, 2015, and paid KRW 1,50,000 for the remaining wages from August 20, 2015 to KRW 1,00 for the total amount of KRW 1,50,000 for retired workers within 20,000 for the wages of KRW 208,208,2018 for retirement workers within 208,2015.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) received KRW 3,100,000 per month from July 1, 2014 to September 30, 2015 from the above company as an internal-line public official; and (b) did not pay KRW 3,796,91 of the retirement allowances of retired workers E 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. Application of Acts and subordinate statutes, such as a written complaint, a written complaint, a written statement, average wages and retirement allowance calculation;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, Article 44 Subparag. 1, Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the selection of fines for each crime;

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 portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant’s summary of the facts charged does not agree on the extension of the payment date of the 3.1 million won and the 2.5 million won bonus to workers E., and the 2.5 million won bonus to workers F.

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