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(영문) 창원지방법원 통영지원 2018.12.10 2018고정265
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a business operator who operates a vessel operation processing business using 120 full-time workers in the name of D in the dispute settlement agreement in S. B, and is an employer.

When an employer suspends his/her business due to a cause attributable to the employer, he/she shall pay the relevant worker allowances of at least 70 percent of his/her average wages during the period of suspension.

However, if the amount equivalent to 70/100 of the average wage exceeds the ordinary wage, the ordinary wage may be paid as business suspension allowance.

Nevertheless, the Defendant suspended the business from May 2, 2017 to May 31, 2017 due to the order to suspend the work to the credit rating company in the Ministry of Labor, but did not pay 97,479,749 won in total, including 1,025,264 won in May 6, 2017, to workers E, who were in office as painting, from March 6, 2017, as well as 50 employees, on June 17, 2017, as shown in the separate crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. An inspection table of work supervision at the workplace, a list of employees, a labor contract, a worker's attendance book and wage ledger for May, a wage ledger for February to April, a basic contract for construction subcontract, and a work worker on April 2017;

1. Report on the result of the correction place, the calculation of the business suspension benefits in May 2017, and the payment statement of subsidies;

1. Guidance for the payment of leave allowance (public notice) (the defendant and his/her defense counsel held that the reason why the defendant closed his/her business is due to the suspension order of work by the Employment and Labor Agency due to the C company's C company's C company's C company's C company's C company's C company's C company's C company's C company's collision accident, and that there is no obligation to pay leave allowance because there is no reason attributable to the defendant

Article 46 (1) of the Labor Standards Act provides that "If a business owner suspends his/her business due to reasons attributable to the employer, the employer shall pay the worker allowances of at least 70 percent of his/her average wage during the period of suspension of business.

“.......”

this section.

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