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(영문) 창원지방법원 밀양지원 2018.02.08 2017고단176
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the D closely-si branch, an incorporated association in C, who employs 70 full-time workers and operates social welfare business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 51,372,630 of wages of 7 workers within 14 days from the date of each of the grounds for payment, as described in the attached Table of Crimes, without agreement between the parties to the extension of the payment date, within 14 days from March 1, 2013 to April 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Details of provision of services;

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

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

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. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code [1] of the suspended sentence (hereinafter “the incorporated association of this case”) is a non-profit organization that receives subsidies from the State as a non-profit organization. The employment contract between the assistant working in the branch of this case is determined on the basis of the national subsidy unit cost, while the assistant working in the branch of this case was determined on the basis of the national subsidy unit cost. On the other hand, the subsidy support group of this case was less than the national subsidy, so wages, etc. were not paid as stated in the Defendant’s decision.

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