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(영문) 창원지방법원 통영지원 2017.05.23 2017고단336
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of the D Co., Ltd. from January 1, 2013 to January 31, 2016, who is, as the representative director of the D Co., Ltd. (ju), from February 1, 2016 to June 30, 2016, who is an employer as a person in charge of operating a manufacturing business of components of vessels using 35 full-time workers.

The Defendant did not pay the G’s wages of KRW 1,507,320 of F, who worked as a cleaning worker from April 4, 2016 to April 30, 2016 at the said workplace, within 14 days from the date of retirement without agreement on the extension of the due date of payment for each individual, from March 11, 2016 to May 11, 2016 (the number of money and valuables in arrears for each individual) of KRW 473,000 (the number of money and valuables in arrears in attached Form 34) of G, who worked as a cleaning worker from March 11, 2016 to May 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Business registration certificate;

1. Details of overdue debts, retirement allowance calculation statement, and wage ledger;

1. Application of Acts and subordinate statutes to investigate and report petitions;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is the representative director of the D Co., Ltd. from January 1, 2013 to January 31, 2016, as the representative director of the D Co., Ltd. from February 1, 2016 to June 30, 2016, who is an employer as a person in charge of business operation of manufacturing parts of the D Co., Ltd. using 35 full-time workers.

A. The Defendant in violation of the Labor Standards Act included the amount of KRW 4,50,000 paid in May 2016, 2016, and the amount of KRW 4,500,000 paid in June 2016 and the amount of KRW 4,50,000 paid in June 2016, as well as the amount of money and valuables in arrears by each individual in attached Form 1 through 19, 21 through 33, and 35, as in the above workplace from January 30, 2015 to June 30, 2016.

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