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(영문) 창원지방법원 마산지원 2016.08.09 2016고정63

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who engages in printing business using 15 full-time workers under the trade name of members Msan-si C from Changwon-si.

1. An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, who worked from December 3, 2012 to July 31, 2015, did not pay KRW 11,169,413, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline between the parties, as well as KRW 1,139,560 on May 3, 2015 of the retired workers D, including the amount of KRW 1,139,560.

2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 3,379,980 for workers D retirement pay of KRW 1,039,980 for workers E, and KRW 3,340,00 for retirement pay of KRW 3,379,980 for workers E, within 14 days from the date of retirement without any agreement between the parties on the extension

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of F, E, or D;

1. Relevant Articles 109 and 36 of the Act on the Standards for Preliminary Labor, and Articles 44 and 9 of the Act on the Guarantee of Retirement Benefits of Workers (which refers to the payment of unpaid wages), and the choice of fines for each crime;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is 15 full-time workers with the trade name of members of Changwon-si, Changwon-si Co., Ltd.