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Reasons
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(영문) 창원지방법원 통영지원 2016.11.18 2016고정551
근로기준법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a real manager of a D company that ordinarily employs 60 workers within the territory of Tong Young-si, who runs a vessel processing business by employing 60 full time workers within the territory of B (State), is an employer and a person who is a real manager of a G company that ordinarily employs 20 workers within the F (State) located in Sung-nam-gun E (Seoul).

[2016 High Court Decision 551]

1. The Defendant is working in the foregoing workplace as a construction section design from April 25, 2012 to April 1, 2014.

As well as unpaid 3,620,587 won of the retired H’s wage was not paid to 11 employees, 24,116,859 won was not paid to 14 days after the date of retirement without any agreement on extension of the due date between the parties, as well as the details of unpaid money and valuables by each individual;

2. The Defendant is working in the foregoing workplace from April 25, 2012 to April 1, 2014.

The retirement allowance of H was not paid 6,261,378 won until 14 days have elapsed from the date of retirement without any agreement between the parties on the extension of the due date.

[2016 High Court Decision 552]

3. The Defendant is working in the foregoing workplace as a valley from December 18, 2013 to December 20, 2013.

As well as the unpaid amount of 700,000 won of the retired I's wages, the employer did not pay 9,660,500 won to 6 workers each time after the lapse of 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each statement of H, K, L, M, N,O, P, Q, I, R, S, T, U, and V;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes on a copy of each statement of benefits and a statement of unpaid money and valuables by individual;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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