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(영문) 창원지방법원 통영지원 2018.03.14 2017고단1593
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who is a person in charge of the operation of a vessel, who ordinarily employs 84 workers under the trade name of E Co., Ltd. from D (State) in Tong Young-si to run a vessel processing business.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 the total of KRW 13,986,480 for five retired workers within 14 days from the date of individual retirement, as well as KRW 2,380,80 in February 2017, which served as an employee F from August 4, 2016 to March 1, 2017 at the above workplace, as shown in attached Table 90, 95 to 98, 98, and 98.

(b) When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more;

Nevertheless, the Defendant immediately dismissed employees G who worked from March 2, 2016 to February 28, 2017 at the above workplace without prior notice on the ground of the reduction of the number of employees due to the aggravation of the management situation in light of the situation of light of the workplace on February 24, 2017, and did not immediately pay KRW 3,700,000 corresponding to the ordinary wage for 30 days with the advance notice payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Documents and written statements of G;

1. H’s petition;

1. Application of the certified copy of the corporate registry (E Stock Company), the attendance book in January or February 2017, the wage ledger in January or February 2017, and the statutes governing other data in February 2017.

1. Article 109(1), Article 36 of the Labor Standards Act for Criminal Facts, Articles 110 subparag. 1, 26 of the Labor Standards Act, and Articles 110 subparag. 1, 26 of the Labor Standards Act, respectively.

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