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(영문) 창원지방법원 마산지원 2016.03.30 2015고단368

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of C in Hanam-gun, and the representative of E in Changwon-si, Changwon-si, who operates a manufacturing business of steel structure.

1. On January 19, 2013, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) was serving as a worker for the installation of steel frame after being employed in the above C on or around January 19, 2013, and the Defendant did not pay the total of KRW 8,033,000 for the total of seven workers, including KRW 4,933,00 in March 30, 2014 to the retired worker F on or around June 30, 2014, without agreement on the extension of the payment period between the parties, within 14 days from the date of his/her retirement, which is the date on which the cause for the payment occurred.

2. As above, the Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 14,495,750 in total to three employees as well as KRW 4,700,000 for retirement allowances to retired workers F; (b) within 14 days from the date of the occurrence of the relevant payment cause, without agreement on the extension of the payment period between the parties, as stated in Nos. 1, 2, and 7 of the List of Crimes No. 1, 2, and 7.

Summary of Evidence

1. Each protocol of examination of the accused prepared by a special judicial police officer;

1. Application of each statute prepared by F, G, H and I;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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;