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(영문) 창원지방법원 2018.08.31 2018고정245
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is the representative director of C, a corporation in the Republic of Korea, who ordinarily employs 100 workers and engages in wholesale and retail business.

From July 1, 2016 to July 25, 2017, the Defendant did not pay the total amount of wages, such as KRW 1,328,374, wages for May 2017, KRW 1,593,933, annual paid leave allowances, KRW 670,620, annual paid leave allowances, KRW 1,593,684, and KRW 6,514,514, and KRW 28,78,000, KRW 1,578, and annual paid leave allowances, within 208,00, KRW 1,328,74, and KRW 278,00, KRW 270,84, and KRW 1,57,000, KRW 285, and KRW 1,784,07, August 28, 2017, KRW 208, KRW 17,784,784,788,27,27,7817,207,7,2817.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement filed by the F and G;

1. Data acquisition - Application of the law on the details of arrears;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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

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

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