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(영문) 창원지방법원 2018.02.14 2017고정462
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of D (ju) located in Kimhae-si, is an employer who runs the business of manufacturing aircraft parts by using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 144,720, the weekly paid holiday allowances of January 1, 2016, the weekly holiday allowances of 144,720, the weekly holiday allowances of 144,720, the weekly holiday allowances of March 2016, the weekly holiday allowances of 144,720, the weekly holiday allowances of 144,720, the weekly holiday allowances of 2016, the weekly holiday allowances of 144,720, the weekly holiday allowances of 207,790, the wage of 507,790, the wage of May 1, 2016, the wage of 1,238,265, June 1, 2016, the wage of 1,238, 193, 10, 15, 17, 137, 205, and 486, etc. from the date of February 1, 2016.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Some statements made against the defendant during the police interrogation protocol;

1. A statement made by each truth-finding representative;

1. Statement by the complainant;

1. Application of Acts and subordinate statutes to the details of inquiries about the results of the 16-year labor contract, each daily departure/retirement, and the current status of pay, each monthly statistical data of each individual, each identification book, each identification book, and each inquiry into the workplace;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (the fact that a worker is not paid allowances and wages) of the relevant Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that a worker is not paid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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

1. Reviewing the argument that the act constitutes a legitimate act of Article 186(1) of the Criminal Procedure Act, the evidence reveals that the Defendant is sufficiently aware of the fact that the Defendant did not pay E’s paid holiday allowances, wages, and retirement allowances as stated in the facts constituting a crime, and the content of labor contract and labor provided in the record, as stated in the record.

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