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Reasons
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(영문) 창원지방법원 통영지원 2013.12.04 2012고단1124
근로기준법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is an employer who has been engaged in a vessel processing business, employing approximately 30 full-time workers under the trade name of D within the C&D in Gyeongnam-si.

The Defendant was employed in the foregoing workplace on July 19, 2012 and did not pay KRW 948,800 to retired workers E on September 11, 2012 within 14 days from the date of retirement without an agreement on the extension of the due date, and did not pay the total of KRW 57,872,200 to the workers listed in the separate sheet Nos. 1 through 26, 31, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F, G, and E;

1. Each complaint;

1. Application of a detailed statement of personal money and valuables payable and wage ledger statutes;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the selection of a fine (in cases where the amount equivalent to

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

1. Articles 70 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 summary of the facts charged is that the Defendant is an employer who was engaged in a vessel processing business, employing approximately 30 full-time workers in the name of D within Gyeongnam-si, Gyeongnam-si.

The Defendant, while employed in the foregoing workplace on December 1, 2011 and employed on August 11, 201, did not pay the wages of KRW 4,460,000 to the employees F retired on August 11, 2012, within 14 days from the date of retirement without any agreement on the extension of the payment deadline, and did not pay the total wages of KRW 9,682,90 to the employees listed in the separate sheet Nos. 27 through 30, without any agreement on the extension of the payment deadline.

2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act.

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