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(영문) 창원지방법원 마산지원 2015.05.12 2014고단1186

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

The defendant is an employer and a person in charge of business management of J Co., Ltd. who conducts manufacturing business in Haan-gun I.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from April 1, 2013 to June 5, 2014 at the said workplace and had retired from the said workplace to pay the amount of KRW 680,000 for the wages of March 1, 2014, the amount of KRW 2,00,000 for April 2, 2014, and the amount of KRW 5,120,000 for May 2, 2014, and the amount of KRW 5,120,00 for each individual’s wages, including the amount of KRW 1,2,5,6,7,8,100 for each employee’s wages, etc., as well as the amount of KRW 1,2,5,50,00 for each employee’s wages, etc., within the lapse of 14 days from each retirement date, without an agreement for extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the same place of business, worked as an entertainment worker from April 1, 2013 to June 5, 2014, and did not pay KRW 2,590,000 of the retirement allowance of KK retired from office without any agreement for the extension of the date until 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of Acts and subordinate statutes to accusation, accusation, and written complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Rejection portion of public prosecution under Article 62 (1) of the Criminal Act (including the amount of unpaid wages and retirement allowances, circumstances leading to the crime, etc.);

1. Summary of the facts charged "2014 high-class 1186";

A. The employer violating the Labor Standards Act shall be dead or injured by the worker.