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(영문) 창원지방법원 마산지원 2018.09.14 2017고정449
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of E Co., Ltd. in Changwon-si, Msan-si, who operates cross-city bus transportation business.

1. The full amount of wages shall be paid directly to workers in currency;

Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay KRW 119,580 corresponding to the portion of this mold, which used annual paid leave on March 15, 201, when he/she paid on November 20, 201 at the same place of business as a driver on March 15, 2017, which is the date of the regular payment of wages on March 15, 201. The Defendant did not pay KRW 119,580 corresponding to the portion of this mold, which used annual paid leave on April 15, 2017, when he/she paid wages on April 15, 2017, which is the date of the regular payment of wages.

2. The shipowner shall pay wages on the fixed date at least once a month;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the bonus of KRW 593,438 on March 3, 2017, which was paid on April 15, 2017, as a regular payment date at the above workplace.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of F’s written complaint and petition statutes to the Acts and subordinate statutes;

1. Articles 109(1) and 43 of the Labor Standards Act concerning facts constituting a crime, and the 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. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. The summary of the facts charged is the representative director of E Co., Ltd. who operates cross-city bus transportation business.

Wages shall be paid in full directly to workers in currency.

However, there are special provisions in the law or organization agreement.

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