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(영문) 창원지방법원 2017.06.08 2016고단4190

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The Defendant is an employer who operates an electronic component manufacturer with the trade name of “G” from Kimhae-si F.

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

Nevertheless, the Defendant did not pay 5,063,783 won in total, including 1,260,270 won on June 201, 2016 of H, who retired from the said workplace as a production worker from November 13, 2012 to June 30, 2016, within 14 days from the date of the retirement without any agreement on the extension of the payment period between the parties to the said workplace, as stated in the list of crimes in the attached Table (except once 8,11, 12, 14).

Summary of Evidence

1. Statement by the defendant in court;

1. Each authentic statement of H, I, J, K, L, M, N,O, P, and Q;

1. Application of Acts and subordinate statutes to each transaction details, a retirement allowance statement, each retirement allowance calculation statement, a copy of business registration certificate, a labor contract, a benefit ledger, each benefit statement, and a copy of each passbook;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The part dismissing the prosecution under Article 62(1) of the Criminal Act (the following circumstances considered as favorable to the reasons for sentencing)

1. The summary of the facts charged in this part of the facts charged is that the Defendant retired from the said workplace as a production worker from March 8, 2016 to July 26, 2016, without agreement between the parties on the extension of the payment period between the parties, including four workers’ wages and total amount of KRW 13,195,09,000,000,000 for June 1, 2016, wage of KRW 1,260,270,270, wage of KRW 1,057,000, total of KRW 2,947,405, wage of July 2016, and KRW 2,947,405, total of KRW 8,11,12, and KRW 14.