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(영문) 창원지방법원 2017.07.06 2017고단971

근로기준법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is an employer who is engaged in the business of manufacturing motor vehicle parts by employing 50 full-time workers as the representative director of F Co., Ltd. in Kim Sea-si.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 4,017,930, the sum of G’s wages of KRW 474,540 on September 26, 2016, and KRW 2,881,640 on October 2016, and KRW 661,750 on November 2016, as well as KRW 4,017,930 on November 26, 2016, within 14 days from the date on which the cause for payment occurred, without agreement between the parties on the extension of the date of payment between them.

Summary of Evidence

1. Statement by the defendant in court;

1. A true G statement;

1. The application of the benefit ledger (number 8 No. 8), the business registration certificate, and the certified copy of the corporate registry;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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 in this part of the facts charged was that the Defendant, at the foregoing workplace, worked from April 18, 2016 to September 30, 2016 at the same workplace, did not pay KRW 2,345,040, as well as KRW 38,618,628, total sum of the wages and retirement allowances of three retired workers, as described in the attached Table Nos. 2, 3, and 4, within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment period.

2. One set of the board is a crime falling under Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and a public prosecution is instituted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.