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(영문) 창원지방법원 통영지원 2016.10.19 2016고단1058
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the vessel vessel processing business with the trade name of 130 full-time workers under the name of Da in Gyeongnam-si.

1. The Defendant in violation of the Labor Standards Act was working for the pertinent company from January 12, 2013 to March 1, 2016, and did not pay the total amount of KRW 13,898,802, including KRW 1,176,409, and KRW 55, 90, 96, H, 100, 107, 109, K, 114, 116, 116, 9, and 14, 13,89, and 802, as well as KRW 55, 90, 96, 100, 100, and 14,000,000 from each retirement date without an agreement on the extension of the due date between the parties.

2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act: (a) served as the head of the Ban from May 11, 2013 to February 1, 2016; (b) did not pay KRW 21,145,710, total sum of six retired workers, including N retirement allowance No. 20,97,597, 97, 90, 96, 96, H, 107, Ha, 114, 116, L, 116, and Ma, 21,145,710, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Complaints, business closure certificates, details of delayed payments, and statements on calculation of retirement allowances;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant laws concerning criminal facts, Article 109(2) of the Labor Standards Act which choose a penalty, and Article 44 of the Guarantee of Workers' Retirement Benefits Act;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment - Unfavorable circumstances: The first overdue money and valuables are in many ways, most of which are paid through the procedures for paying substitute payments;

In this regard, most of the employees under contact have been agreed upon as a result of continuing efforts to resolve the delayed payment in difficult circumstances, and no agreement has been reached.

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