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(영문) 창원지방법원 마산지원 2016.02.02 2015고단1045

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant, as the representative director of E Co., Ltd. in Haan-gun, in Haan-gun, is an employer who runs the business of manufacturing metal products using 18 full-time workers.

1. Where an employer who violated the Labor Standards Act retires from his/her office, the employer was working as a production worker from January 17, 2013 to June 30, 2015, despite that he/she paid wages, compensations, and other money and valuables within 14 days from the time when the ground for such payment occurred.

F’s wages of KRW 3,192,010, etc. on May 2015, were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, as well as the wages of each individual (Ⅰ), and (Ⅱ) (Ⅱ) (Ⅱ) (Ⅱ) of the attached Form nine workers, such as the wage and the annual settlement refund from May 2015 to July 7, 2015, without any agreement on the extension of the payment date between the parties, each payment was not made within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker retires, shall pay the retirement allowance within 14 days after the ground for such payment occurred;

The Defendant did not pay KRW 5,256,640 of F’s retirement pay from January 17, 2013 to June 30, 2015, which had been engaged in production in the pertinent workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 103,096,950 in total for each employee’s nine retirement pay as shown in the attached Table (Ⅰ), and (Ⅱ, within 14 days from the date of retirement without agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to a petition and a statement;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts (which refers to unpaid wages) and Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits.