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(영문) 창원지방법원 통영지원 2017.05.31 2016고단1766
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person in charge of the management of the vessel, who employs 13 full-time workers as K K representative director in the J of macro-si and operates the vessel processing business.

A. An employer in violation of the Labor Standards Act did not pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred if a worker dies or retires, within 14 days from the date on which the cause for such payment occurred, to June 30, 2016, the Defendant did not pay the wages of 2,14,000 won for May 1, 2016, and the total amount of 4,28,000 won for June 2016, within 14 days from the date on which the cause for such payment occurred, without an agreement between the parties on the extension of the payment date.

B. Where an employer violating the Act on the Guarantee of Retirement Benefits of Workers retires, the employer has not paid retirement allowances within 14 days from the date of the occurrence of the reason for such payment. However, the Defendant did not pay KRW 3,357,845 of L retirement allowances within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to C (representative of the complainant);

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes certifying the closure of business;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and the Selection of each fine for negligence;

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 that the Defendant, as the representative director of the KJ (ju), is an employer as a person in charge of business management who ordinarily employs 13 full-time workers and operates a vessel processing business.

(a) An employer who violates the Labor Standards Act shall be dead or injured by a worker;

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