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(영문) 창원지방법원 2014.02.18 2013고정827

근로기준법위반등

Text

1. The defendant shall be punished by imprisonment for eight months and a fine of seven million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a user who operates a transport facility manufacturing business by employing eight full-time workers as the actual representative of the (P)F in Kimhae-si.

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

"2013 High 827" stated in the indictment on October 29, 2002 in the above workplace as of October 29, 2002, but it is evident that it is October 29, 2010, not 2010. Thus, the Defendant is deemed as a clerical error and works in a production position from the correction box to the production position.

On November 23, 2011, G retirement allowance of retired workers 25,871,060 won and annual paid leave allowance 1,024,000 won for year 208, and annual paid leave allowance 1,08,000 won for year 209, and 29,135,060 won for year 20,135,060 won, without agreement on extension of the due date for payment between the parties concerned.

The Defendant, “2013 Highest 1400,” was employed in production from September 14, 1999 to August 26, 2012 at the same place of business, and did not pay KRW 8,928,00 of annual paid leave allowance for retired workers H and paid KRW 58,993,570 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

"2013 Highly 827"

1. Legal statement of witness G;

1. Partial statement of a witness I;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part);

1. The statement of the police officer with G: A copy of the lease contract, the calculation statement of retirement allowances, a copy of the statement of passbook transactions, and the medical expenses receipt “2013 Highest 1400”;

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to a copy of a lease contract, a benefit ledger, a copy of a departure card, and a copy of a statement of passbook transactions;

1. Articles 109(1) and 36 of the Labor Standards Act (the fact that an annual paid leave has not been paid) concerning facts constituting an offense, respectively;