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(영문) 창원지방법원 마산지원 2015.11.17 2015고단324

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

The defendant is the representative of E and the employer who is a vessel processing business company in Gyeongnam-gun D.

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

Nevertheless, the Defendant, at the above workplace from April 2, 2014 to August 8, 2014, worked as a steel-line worker and did not pay KRW 2,830,000 for July 7, 2014 without agreement on the extension of the due date to the lapse of 14 days from the date of retirement to the retired F, and did not pay KRW 54,462,566 in total wages to 12 workers of the above workplace as stated in the attached crime list Nos. 1 through 4, 6 through 12, and 14, without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the statement and written petition of each employee;

1. Article 109(1) and Article 36 of the Labor Standards Act, the choice of imprisonment with labor concerning criminal facts;

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

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (such as the fact that the same kind of power is several times, the mistake is pened, and the wage has been paid as a substitute payment, etc.);

1. The gist of the facts charged is that the Defendant is the representative and employer of the Ship Processing Business Co., Ltd. E, which is located in Gyeongnam-gun D.

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

Nevertheless, the Defendant worked in the foregoing workplace from August 17, 2014 to October 5, 2014, and retired from the workplace from C’s office from August 2014, September 9, October 1014, wages of 206, 440 won for October, 2014, and from March 25, 2014 to December 14, 2014, and retired from C’s wages of 1,80,000 won for December.