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(영문) 창원지방법원 마산지원 2019.07.05 2018고단1167
근로기준법위반등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual operator of C, a stock company located in Msan-si, Msan-si B, who conducts a public opinion poll business using nine full-time workers.

The Defendant is working in the foregoing workplace from July 23, 2018 to August 5, 2018.

As stated in the [Attachment 5 and 9] No. 562,500 of wages of retired workers D in July 2018, the total amount of 3,087,440 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints and written statements of E and D preparation;

1. Application of Acts and subordinate statutes on commuting;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. There are records of the same kind of crime with the sentencing reason under Article 334(1) of the Criminal Procedure Act, and agreements have been reached even after the closing of arguments, etc.

1. Summary of the facts charged

A. The Defendant in violation of the Labor Standards Act is working from July 10, 2017 to August 10, 2018 at C, a stock company located in Changwon-si member B.

As stated in [Attachment 1-4,657,915] of the total wages of 7 workers, including 2,000,000 won of wages in July 2018, including 2,00,000 won for each individual's money and valuables, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act is working from July 10, 2017 to August 10, 2018 at the above workplace.

The total amount of 4,747,741 won, including 2,128,053 won of retirement pay of retired workers, shall be extended between the parties to the payment.

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