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(영문) 창원지방법원 2016.07.01 2016고단989

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a sole internal director of C Co., Ltd. in Kim Sea-si, who is in charge of business management of the above company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 22,545,372, including KRW 2,545,372, as well as KRW 2,572,00,00,000, which was retired from the Defendant’s place of business from the said place of business from December 14, 2007 to February 29, 2016, as well as KRW 2,092,00,096 in January 206.

Summary of Evidence

1. Statement by the defendant in court;

1. To apply Acts and subordinate statutes to the current status of personal arrears, details of each benefit, and calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses are fully paid the unpaid wages and retirement allowances to the injured party; the accused has no record of the same kind of crime; the accused’s age, sex, criminal conduct, family relationship, family environment, motive and means of the crime; and the circumstances constituting the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, shall be determined as ordered by the sentence.

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant is a sole internal director of C Co., Ltd. in Kimhae-si, who is in charge of business management of the above company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant is working from May 3, 2010 to February 29, 2016 at the above workplace.