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(영문) 창원지방법원 마산지원 2013.12.18 2013고단398

근로기준법위반등

Text

The defendant's decision was made against C, D, E, and F in the year 2012 and due to the delay in the year 2012.

Reasons

Punishment of the crime

[criminal power] On December 13, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Occupational Safety and Health Act, and two years of suspended execution, at the Changwon District Court, on December 21, 2012, and the above judgment became final and conclusive on December 21, 2012. On May 22, 2013, the same court was sentenced to imprisonment with prison labor for eight months, three months of imprisonment with prison labor, and two years of suspended execution, and the above judgment became final and conclusive on May 30, 2013.

【Criminal Facts】

The Defendant is a person in charge of operating and managing the H Co., Ltd. mainly engaged in the business of manufacturing steel structures and vessel parts in Changwon-si G.

"2013 Highest 398"

1. Violation of the Labor Standards Act;

A. The Defendant did not pay 179,392,00 won in total, including wages, to 16 workers who worked and retired from the above workplace, as set out in the sequence 1 through 16 of the statement of unpaid money and valuables by each individual in attached Form 1, without an extension of the due date, until 14 days after each retirement date.

B. Although wages are paid at least once a month on a fixed date, the Defendant did not pay the total amount of KRW 36,454,720 to four workers working in the above workplace as stated in the sequence 17 through 20 of the detailed statement of unpaid money and valuables to each individual. The Defendant did not pay the total amount of KRW 36,454,720 on a fixed date (the date of each payment such as wages, etc. on November 2012 is the same as the date of each payment on the basis of the detailed statement of unpaid money and valuables to each individual in arrears (2)

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as stated in the sequence 2 through 10, 13 through 16 of the detailed statement of unpaid money and valuables by individuals, did not pay 173,386,920 won of retirement allowances to 14 workers retired from the above workplace without any agreement to extend the period until 14 days from the date of each retirement.

"2013 Highest 426"

1. Violation of the Labor Standards Act;

A. The defendant is on the date 138,677,540 won in total, including wages, to 16 workers who work and retired after working in the above workplace, as stated in the details of the money and valuables in arrears by each individual in attached Form (1).