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(영문) 창원지방법원 2018.01.10 2017고정910

근로기준법위반등

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 user who manufactures electrical machinery and appliances as the representative director of Sacheon-si B(C)C located in Sacheon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, Defendant 2,285,540 won from March 23, 2016 to June 11, 2017, E’s wages, 1,122,020 won from the end of the year, 31,770 won from the health insurance, 674,112 won from annual allowances, and other money and valuables (the foregoing money and valuables), 3,410,364 won from the date of retirement, 4,76,437 won from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the complainant or complainant's statement;

1. Application of Acts and subordinate statutes on the details of arrears 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;