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(영문) 창원지방법원 통영지원 2016.11.29 2016고단1444
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 business operator who runs a vessel vessel processing business under the trade name called E within the territory of Da in Gyeongsung-gun, Chungcheongnam-gun.

1. The Defendant, at the foregoing workplace, worked in a burner workplace from February 2, 2015 to August 25, 2015, and did not pay the total amount of KRW 7,431,716, as indicated in the attached Table 14, 48, 68, 76, 81, and 95, including the amount of KRW 510,00,00 of the retired workers F, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. The Defendant did not pay KRW 4,296,419 to G workers who were dismissed on or around August 24, 2015 while working in the above workplace and were dismissed on or around August 24, 2015, 4,296,419, and 4,95,836.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each report on investigation;

1. Application of each relevant statute;

1. Selection of a fine for a crime as prescribed in the applicable law and Articles 109(1) and 36 of the Labor Standards Act (the fact that wages are unpaid), subparagraph 1 of Article 110 and Article 26 of the Labor Standards Act (the fact that the part of the fine for the employees of the portion of the loan, the fact that the compensation for the remaining employees is deemed to have been paid, the fact that the defendant is against the law and the decision of the punishment is made, and that there is no criminal record for the suspension of execution).

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. The Defendant is a business operator who runs a vessel vessel processing business under the name of E in the name of Da (State) located in Gyeongsung-gun, Chungcheongnam-gun.

From February 2, 2015 to August 25, 2015, the Defendant, at the same place of business, worked as a burner and retired worker, followed by the attached list of crimes, including the amount of KRW 510,000,000, who retired worker F.

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