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(영문) 창원지방법원 2019.07.18 2018고단3167
근로기준법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2018 Highest 3167" is the representative director of F Co., Ltd. in Kimhae-si E, who runs the manufacturing business of industrial machinery using 15 regular workers.

The Defendant did not pay the total amount of KRW 5,728,570 in June and July 2018, the total amount of wages of workers H in June, July, 2018, KRW 7,92,817 in the total amount of wages of workers H in June, July, and August, 2018, KRW 2,992,817 in the worker I’s wages in November, 2017, KRW 983,090 in the year-end settlement refund and KRW 19,592,98,824 in the worker’s total amount of wages in June and July 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the period.

The Defendant, as the representative director of F Co., Ltd. in Kim Sea-si E, is an employer who runs the manufacturing business of industrial machinery using five full-time workers.

From August 8, 2018 to August 31, 2018, the Defendant did not pay the amount of KRW 746,000 to workers who worked as production workers in the pertinent workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each written complaint, each written complaint, each simplified statement;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, or Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in this part of the facts charged is the representative director of F Co., Ltd., in Kimhae-si, who runs an industrial machinery manufacturing business using 15 regular workers.

The Defendant’s employees who worked in a production-based position at the above workplace, 8,591,930 won and retirement allowances of June, July, and August, 2018, and 15,34.

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