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(영문) 창원지방법원 2013.05.21 2013고정300
근로기준법위반등
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative director of the H company in Kim Sea-si, who employs 16 full-time workers and operates a timber manufacturing business.

1. The Defendant who violated the Labor Standards Act due to payment of wages is working in H during the period from October 5, 201 to July 2, 2012.

A retired worker I’s wages of 1,919,597 won on May 2012, 2012, wage of 2,063,102 won on June 2012, and wage of 10,000 won on July 2012 without any agreement on the extension of the due date within 14 days from the date of retirement.

In addition, the Defendant did not pay the total amount of KRW 9,723,539 of the wages of three workers within 14 days from the date of retirement, as stated in the attached Table No. 5,6,9,000 per year.

2. An employer violating the Labor Standards Act due to unpaid advance notice of dismissal shall, if he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and if he/she did not make such prior notice 30 days, he/she shall pay the ordinary wages for at least 30

Nevertheless, the Defendant did not pay 2,537,500 won to workers C while dismissing workers C without giving prior notice of dismissal 30 days before July 2, 2012.

In addition, the defendant did not pay an advance notice of dismissal when dismissing five workers as stated in the attached Form 2 or 6, such as the detailed statement of personal delayed payment money and valuables, and did not pay an advance notice of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each police statement to J and K;

1. Written statements of C, D, E, I, L, and J;

1. Application of Acts and subordinate statutes to the copy of a labor contract, each benefit ledger, and detailed statement of personal overdue money and valuables;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Articles 109 (1) and 36 of the applicable Act concerning the selection of punishment, Articles 110 subparagraph 1 and 26 of the Labor Standards Act, and the selection of fines, respectively;

2. Article 37 of the Criminal Code among concurrent crimes.

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