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(영문) 창원지방법원 통영지원 2014.09.12 2013고단514
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who ordinarily employs ten workers in the “C” located in B at the time of macroscing, and engages in the repair business of ships.

The Defendant, while employed by the foregoing company on December 1, 201, did not pay KRW 21,000,000,000 as wages and retirement allowances of retired workers D on January 20, 2013, within 14 days from the date of retirement without any agreement on extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 36,574,363 of the wages and retirement allowances of four workers within 14 days from the date of retirement without agreement on extension of payment due, as stated in the details of unpaid money and valuables by each individual.

Summary of Evidence

1. Second protocol of interrogation of the accused by the police;

1. The second written statement of the police officer against D, and the first written statement of the police officer against E;

1. Application of Acts and subordinate statutes to the details of unpaid money and valuables (Evidence No. 17) to individuals;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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