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(영문) 창원지방법원 통영지원 2016.04.29 2015고정680
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who is the representative director of the Co., Ltd. which operates the real estate rental business and film-making business by employing 25 full-time workers in Tong Young-si, and is in charge of business management.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 31,976,867 won in total as wages and retirement allowances of 15 workers as well as 3,895,360 won in total, as shown in the list of crimes in the attached Form, including 1,123,840 won in October 2014, wage of 123,840 won in November, 2014, wage of 123,840 won in December, 2015, and wage of 3,895,360 won in January 1, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the respective laws and regulations of E, F, G, H, I, D, and J

1. Article 109 of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment, Article 44 Subparag. 1, 9 of the Guarantee of Retirement Benefits for Workers, and the Selection of each fine;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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