logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.03.16 2016고단1909
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business operator who ordinarily employs 50 workers in the name of E in the name of Jinsung-gun, Jinsung-gun, and runs a vessel vessel processing business.

A. Although the employer paid wages, compensations, and other money and valuables within 14 days from the time when the cause for payment occurred if the employee dies or retires, the Defendant did not pay 17,169,000 won for the total of 10 wages of the retired employee as well as 17,169,000 won for each of the annexed individuals, as in March 1, 2016, which was worked as the staff member of the close team in the workplace from March 1, 2016 to September 9 of the same month at the same workplace, without any agreement of the parties concerned with the extension of the payment date.

(b) Where a business is conducted on several occasions under a contract, and a subcontractor fails to pay wages to workers on the grounds of his/her fault, the immediate upper tier contractor is jointly and severally liable for the payment of wages to G. The Defendant was an immediate upper tier contractor who subcontracted the snow work (limited to the installation work of an electrical ship on the ship) under a subcontract with G. The Defendant did not pay the total amount of wages 16,305,750 won for January 2016, and 28,098,312 won for February 2016, and 31,81,81,000 won for March 30, 2016, and 864,968,2828, and 40 days for retirement wages for each of the parties to the contract without justifiable grounds, and did not pay the total amount of wages 16,305 days for each of the parties to the contract within 20 days following G, 40 days for each of the parties to the contract.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1), 36, and 44(1) of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. Expression of intention not to punish: On December 26, 2016, after the institution of public prosecution of this case.

arrow