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(영문) 창원지방법원 마산지원 2013.10.02 2013고단658

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director and employer of C Co., Ltd. who mainly conducts the business of manufacturing shipbuilding equipment in Haak-gun, Chungcheongnam-gun.

1. The Defendant violating the Labor Standards Act is working in the workplace above, as shown in subparagraph (1).

A total of 35,320,940 won, such as wages, was not paid to six retired workers without an extension of the due date until 14 days from the date of each retirement.

2. The Defendant violating the Guarantee of Workers' Retirement Benefits Act is working in the above workplace as shown in the attached Form No. 2.

A retirement allowance of 8,778,199 won has not been paid to four retired workers without an extension of the due date until 14 days have elapsed from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes of each complaint and petition, and commissioner of a customer;

1. Article 109(1) and Article 36 of the Labor Standards Act; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 2011; hereafter the same shall apply) concerning criminal facts; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that workers are seen to be reimbursed for the voluntary auction of real estate and that it is against the law);