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(영문) 창원지방법원 2013.03.22 2012고단3572

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a construction enterprise C Co., Ltd. by employing six full-time workers in 701 in Kimhae-si.

1. The Defendant violated the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act with respect to the victim D, from February 1, 2010 to August 10, 201, did not pay KRW 1,00,000 as wages of April 1, 201 of D, which were employed by the said company, and retired from the said company, KRW 2,50,000 as wages of May 2, 200, KRW 50,000 as wages of June, KRW 2,50,00 as wages of July, KRW 2,500 as wages of August, and KRW 725,800 as wages of August, and KRW 3,801,360 as retirement allowances during the said period, and KRW 11,027,160 as wages of August 1, 201, within 14 days from the date on which the grounds for the payment occurred, without agreement between the parties

2. The Defendant violated the Labor Standards Act with respect to the victim E was employed by the said company from July 4, 201 to April 13, 2012, and did not pay KRW 5,000,000 in November 201, 201, the monthly wage of KRW 5,000,000 in January 201, the monthly wage of KRW 5,000,000 in February, 200, and the monthly wage of KRW 5,000 in March wage of KRW 5,00 in April, and April wage of KRW 2,019,280 in total, and KRW 27,019,019,280 in April 2, 201 without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, the applicable law regarding the selection of a sentence, and Articles 109(1) and 36 of the same Act, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); and Articles 109(1) and 36 of the Labor Standards Act concerning unpaid retirement allowances among the facts charged in the instant case, the prosecutor selected a fine, who was prosecuted by applying Articles 109(1) and 36 of the same Act. However, the Act on the Guarantee of Workers' Retirement Benefits was enacted by Act No. 7379, Jan. 27, 2005 and entered into force on December 1, 2005, at the same time, Article 34 of the Labor Standards