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(영문) 창원지방법원 통영지원 2018.07.20 2018고정28
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the D representative director of the Dispute Resolution Co., Ltd., and is an employer as a person in charge of business management who ordinarily employs 70 workers.

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

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

Nevertheless, the Defendant did not pay KRW 7,510,00,000 in total, which is wages of KRW 1,880,00 in July 2016 of F of F of F of F of F of F of F of F of F of F of F of F of F of the Republic of Korea who retired from office in the field of construction of new E-family housing at the time of macro-type housing, and KRW 1,880,00 in August 2016, wage of KRW 2,810,00 in January 207, and wage of KRW 1,40,000 in February 2017, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A truth-finding statement;

1. A written petition;

1. Application of Acts and subordinate statutes to the registration certificate, work records, and certificate of work fact for foreigners who have applied for change of business operator;

1. Article 109 (1) and Article 36 (1) of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (1) and 36 (1) of the same Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the victim shall not be punished if he/she is provided with wages by the investigative agency;

The statement was made, and 6.6 million won was deposited into the victim's benefit account, and 1.1 million won was paid to the victim by the guaranteed insurance. The defendant was indemnified by the guaranteed insurance company, and the defendant did not have the same criminal record as the same kind of crime in the case of the defendant)

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