logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.14 2019고단2589
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, whose facts charged were changed on the date of the first instance trial, is the representative director of Da located in Gyeongnam Kim-si, who operates mineral crushing treatment business using 27 regular workers.

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

From September 1, 2015 to September 18, 2018, the Defendant works as a maintenance worker in the relevant place of business.

A retired worker E’s unpaid annual paid leave allowance of KRW 1,91,873, and KRW 19,528,639, and KRW 727,130,00,000 for annual paid leave of KRW 21,440,512, and KRW 63,919,65,000 for annual paid leave of KRW 19,528,639 and for annual paid leave of KRW 727,130,00 for annual paid leave of KRW 2018,00,000 for annual paid leave of KRW 21,440,512, as shown in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Each protocol of suspect interrogation of the defendant and the defendant B

1. Complaints, petitions, statements, and police statements of each worker;

1. Details of the ordinary wage difference and unpaid allowances, each photograph, salary statement, labor contract, calculation statement of extended holiday working hours, calculation statement, commuting record, and disbursement resolution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. The amount of the first charge of selective fine for a punishment was resolved by most of the charges, including that paid in full on November 11, 2019, and refer to reference materials received as of December 4, 2019 by this Court. The settlement of the fourth unit insurance additionally charged is disputing the excess payment by the Defendant’s side. However, the employee’s claim for an amount exceeding the amount stated in the indictment and the Ulsan District Court Act.

arrow