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(영문) 창원지방법원 진주지원 2015.12.15 2015고단605
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who uses 22 full-time workers in the trade name of T in Gyeongcheon-si, S and 1st century and operates the steel structure ending industry.

The Defendant, as described in the attached Table Nos. 13 and 14, did not pay KRW 6,862,00,00 of the total wages of two retired workers within 14 days from the date of retirement of each individual, without an agreement between the parties to the extension of the payment date, as stated in the attached Table Nos. 13 and 14, as well as KRW 3,792,00, which served as an adjoining person in the said workplace from October 6, 2014 to April 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Wage ledgers in March 2015, wage ledgers in April 2015, work daily reports in March 2015, work daily reports in April 2015, business registration certificates in April 2015, and certificates of business closure;

1. Application of the Acts and subordinate statutes to the complaint;

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

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are against the defendant, a significant portion of the wages in arrears against the victims are paid as substitute payments, there is no record of punishment exceeding the fine against the defendant, and other various circumstances, including the motive, means and result of the crime, the age, environment, criminal records, family relations, and circumstances after the crime, etc. shall be comprehensively taken into account.

Public Prosecution Rejection Parts

1. The summary of the facts charged is an employer who ordinarily employs 22 workers in the name of T in the city of Gyeongcheon-si and the first floor of Gyeongcheon-si and operates steel structure ending operations.

The Defendant, from November 3, 2014 to April 26, 2015, worked at an appropriate workplace at the same workplace from around November 3, 2014 to April 26, 2015, set forth in [Attachment B] Nos. 1 through 12, and 15 to March 2015.

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