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(영문) 창원지방법원 2018.11.21 2018고단2010
근로기준법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a director of the company C in Kimhae-si, who employs 10 full-time workers and operates a manufacturing business.

1. From June 23, 2017 to April 30, 2018, the Defendant, such as wages, etc., did not pay KRW 16,829,480, total sum of wages of 16,829,480, who worked as the director of the research and development department at the pertinent workplace, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the list of crimes in the attached Table, including that he/she did not pay the total amount of six workers’ wages, annual settled refunds, retirement allowances totaling KRW 53,479,247 within 14 days from the date of retirement without an agreement on

2. An employer who has not paid a pre-paid allowance shall, when he/she intends to dismiss a worker, give the pre-paid notice at least 30 days prior to such dismissal, and shall pay not less than 30 days ordinary wages when he/she has not given such notice prior to such dismissal.

Nevertheless, even if the Defendant dismissed workers E in charge of accounting affairs at the above place of business on February 12, 2018, the Defendant did not give notice 30 days prior to the dismissal or pay 2,101,960 won as ordinary wages of 30 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018); Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 110 Subparag. 1 and 26 of the Labor Standards Act regarding criminal facts;

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

1. Optional fine;

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. Sentencing sentencing under Article 334 of the Criminal Procedure Act: The sentence of imprisonment with prison labor for six months: The grounds for the reduction of a fine of three million won: Confession and the payment of overdue debts (as indicated in the judgment, the first crime);

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