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(영문) 창원지방법원 2014.09.03 2014고단933

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of C in Kimhae-si, who operates the manufacturing business of shipbuilding machinery using 13 full-time workers.

The Defendant, while working in the foregoing workplace on December 9, 2013, did not pay the total of KRW 6,589,600,000 for employees D’s wages, which was retired on December 9, 2013, within 14 days from the date of the retirement without any agreement on the extension of the due date, and did not pay the total of KRW 31,909,550, and KRW 5,719,271 for employees E’ retirement allowances within 14 days from the date of the retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the workplace and the details of personal arrears money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which relate to facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Commercial Concurrent Crimes (which is between a violation of the Labor Standards Act with respect to workers E and a violation of the Guarantee of Workers' Retirement Benefits Act as stated in the judgment);

1. Selection of each selective fine for punishment (ordinary consideration, such as the fact that partial payments have been made to workers);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;