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(영문) 창원지방법원 마산지원 2016.02.26 2016고정74
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in the Hanan-gun B, who runs the business of manufacturing FRP septic tanks by employing 15 full-time workers.

1. Where a worker dies or retires, the employer who has violated the Labor Standards Act for the victim D or Indonesia shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

However, the Defendant did not pay KRW 1,179,882, including the weekly holiday allowances of foreign workers D, Indonesia, who retired from the said workplace from December 4, 2014 to June 30, 2015, as stated in attached Form 3, within 14 days from the date of his/her retirement, without any agreement on the extension of the payment period between the parties concerned.

2. Wages in violation of the Labor Standards Act for one other, including victims E and Indonesia, shall be paid at least once a month on a fixed date;

Even so, Defendant 1 did not pay KRW 3,136,932 in total, as indicated in [Attachment No. 1 and No. 2] No. 1 and 2, as well as KRW 75,024 of weekly paid holiday allowances in December 2014, which was worked by foreign workers E and Indonesia, from around December 10, 2014 at the above workplace, on every 15th day of the following month, respectively.

Summary of Evidence

1. Statement made with respect to F prepared by the special judicial police officer;

1. A petition prepared by E;

1. Investigation report (Attachment of employment permit for foreign workers); and

1. Application of Acts and subordinate statutes on salary specifications;

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor (the point of unreparing gold goods), Articles 109(1) and 43(2) (the main sentence) of the Labor Standards Act, and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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