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(영문) 창원지방법원 2015.07.08 2015고정397

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer as the representative director of the (State)C who is engaged in the automobile parts manufacturing business by making 45 full-time workers in Kimhae-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, but the defendant works in the production post from October 15, 2006 to April 6, 2014 at the above workplace.

retirement allowances of retired D 12,725,318 won, and from May 17, 2014

7. up to 31. Work

The wage of 2,265,620 won for the six months of retirement E, the wage of 2,135,620 won for July, and the wage of 2,135,620 won for each retirement day, which is the date of the occurrence of the cause for payment, without any agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and D;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act.