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(영문) 창원지방법원 2013.09.27 2011고단5014

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is an employer who ordinarily employs 30 workers under the trade name of “C” in Kim Sea-si B and operates an industrial machinery manufacturing business, etc.

From December 15, 2010 to January 12, 2011, the Defendant did not pay KRW 1,938,350 to retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 63,33,96 to 28 workers, as stated in the attached list of crimes, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. The police statement of the defendant;

1. Each written petition;

1. Application of Acts and subordinate statutes to each authentic statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;