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(영문) 창원지방법원 2017.06.21 2017고단153
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant, as the representative director of D Co., Ltd. located in Kim Sea-si, is an employer who runs the manufacturing industry using 20 full-time workers.

From August 19, 2015 to June 30, 2016, the Defendant did not pay the total of KRW 7,292,720 of the wages of retired workers E within 14 days from the date of his/her retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor (Punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The facts charged by the Defendant dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. The Defendant, as the representative director of the Dispute Settlement Bank D, who works in the foregoing workplace from April 1, 2016 to September 29, 2016, did not pay 69,654,857 won in total, including 4,184,850 won, and 22 employees, including 20 employees, within 14 days from the date of retirement.

Judgment

Since 22 workers of the above victims were clearly stated in their intention of being punished by preparing and delivering a letter of revocation of complaint after the institution of public prosecution, the public prosecution is dismissed by judgment pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

The former sentence of sentencing (unestablishment of sentencing criteria: Fine 500,000 won: Fine 50,000 won: 50,000 won: Fine 50,000 won: Grounds for the aggravation of public prosecution: The amount of unpaid arrears = 1180,000 won in total - 6 million won in substitute payment) and grounds for mitigation, such as non-appearance of public trial (one time): Confession, execution of procedures for delay, and absence of previous convictions of the same kind or type of imprisonment without prison labor,

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