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(영문) 창원지방법원 통영지원 2015.06.08 2015고정109
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

The Defendant, as the representative of the branch of D Co., Ltd. in Sio-si, is an employer who is a person in charge of the operation of a vessel processing business within F in Sio-si E in Gyeongnam-si, using 80 full-time workers.

The Defendant has worked as an electrical employee from August 10, 2012 to May 31, 2014 at the foregoing workplace.

The retired G's total amount of KRW 1,337,272, the part of the wage in January 2014, KRW 217,010, and KRW 217,010, and ② from October 17, 2012 to June 17, 2013, two retired workers, including KRW 911,050, and KRW 2,465,332, which were all retired workers, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

B. The Defendant did not pay KRW 9,809,852, including ① G retirement allowance of KRW 7,075,640, ② L retirement allowance of KRW 2,734,212, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written statement;

1. Application of Acts and subordinate statutes on the receipt for tax withholding on earned income, retirement allowance calculation and salary statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; and selection of fines, respectively, for 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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged to workers I, J, and K;

A. The Defendant between the parties to the dispute, between the Parties, the Defendant: (a) the unpaid wages of the I who had worked at D Co., Ltd. from January 3, 2012 to May 16, 2014 and the unpaid wages of the J, who had worked for the period from February 1, 2013 to May 15, 2014; (b) KRW 935,798; and (c) the unpaid wages of the J, who had worked for the period from February 1, 2013 to May 15, 2014, KRW 4,75,460, total amount of unpaid wages of three retired workers, including KRW 680,084, total amount of unpaid wages of the retirement workers from March 14, 2013 to May 14, 2014.

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