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(영문) 창원지방법원 통영지원 2016.01.18 2015고정427
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The defendant is a business owner who runs a vessel's forest processing business using 30 full-time workers under the trade name of E in Gyeongnam-gun D.

1. The Defendant did not pay the total of KRW 15,616,000 paid for six workers within 14 days from the date of retirement, as well as the total of KRW 1,920,00 on September 1, 2014 of the worker F, who worked in the workplace from September 1, 2014 to October 1, 2014, as well as the wage of KRW 1,920,00 on September 1, 2014 for each individual’s unpaid money and valuables (Ⅰ).

2. The Defendant did not pay the amount of KRW 7,968,540, the sum of the wages of 2-4 workers and 7,968,540 (excluding the portion of the above worker C, once a year, once a public prosecution is dismissed under an agreement) during the period of his/her retirement, within 14 days from the date of his/her retirement, without agreement on the extension of the payment period between the parties concerned, as well as the amount of KRW 95,00, May 2014, 2014, the amount of KRW 2-4 workers and KRW 7,968,540, every year during the period of his/her delay in arrears (excluding the portion of the above worker C, once a year, from the date of his/her delay in arrears,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, I, G, A, J, K, L, or C;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act and the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although it was impossible to reach an agreement after filing a public prosecution for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, it appears that part of the wages paid to certain retired workers, such as L and K, were paid in whole or in part, and that the agreement with C was reached. The dismissed part of the public prosecution

1. The Defendant in part C of the facts charged against the Defendant shall pay KRW 949,00 on November 201, 2014 to a retired worker C, who was working as a man of thought in E, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

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