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(영문) 창원지방법원 마산지원 2014.02.26 2013고단846

근로기준법위반등

Text

A fine of two million won shall be imposed on a defendant.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the employer of the J who mainly engages in the construction business, etc. in the Changwon-si, Mapo-si, the Changwon-si, and the Defendant did not pay 21,469,200 won in total of wages and retirement allowances to K of retired workers after working in the above workplace and 21,469,200 won in total from the date of retirement to 14 days after the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Application of the Acts and subordinate statutes of K;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is the employer of the J (ju) who mainly engages in the construction business, etc. at Changwon-si, Changwon-si, the Defendant, as stated in the detailed statement of the money and valuables in arrears for each individual in attached Form 1 to 4, did not pay the wages of four workers and three workers (1 to 3) who retired from the said workplace, as stated in the detailed statement of the money and valuables in arrears for each individual in attached Form 1, three workers’ wages and three workers’ retirement allowances as stated in the detailed statement of the unpaid money and valuables for each individual in attached Form 1, and did not pay them

2. Reasons for dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act, Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.