logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.10.18 2017고단918
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is an employer who is a person in charge of the operation of a vessel's forest processing business with 60 full-time workers in the trade name of the F (State) in Gyeongnam-gun E (State).

Defendant 1 retired from the said workplace to May 15, 2016, as well as H’s wage of KRW 1,564,00 on May 2, 2016, as well as KRW 4,252,00,00, total amount of two workers’ wages, such as the No. 1,564,000 of the attached money and valuables in arrears, were not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A written petition;

1. Application of Acts and subordinate statutes, such as the amount of money received and the details of use, inquiry about past transaction details, the date of attendance, the wage ledger (from April 2016 to June), financial institutions transaction details, labor contract details, verification of closure of business, the payment status of money and valuables in arrears, the details of payment in arrears, average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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. The fact that the Defendant was unable to receive the advance payment for the sentencing of Article 334(1) of the Criminal Procedure Act on May and June, 2016 from F (the State), which was the primary reason for the sentencing of Article 334(1) of the Criminal Procedure Act, resulting in each of the instant crimes, and that the victimized workers was paid a substitute payment, that there was a history of punishment of fines for the same kind of crime, and other factors, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined by comprehensively considering the various sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive and circumstance.

Judgment dismissing Prosecution

1. In the facts charged, the Defendant is an employer as a person in charge of the operation of a vessel processing business with the trade name of 60 full-time workers in the name of F (State) from Gyeongsung-gun E (State).

The defendant is above.

arrow