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(영문) 창원지방법원 마산지원 2012.10.17 2011고단768

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 this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

[2011 order 768]

1. The Defendant, as the representative of (ju)O in the Republic of Korea N, is an employer who engages in a manufacturing business with six regular workers employed.

When a worker dies or retires, an employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant has worked in (O) from May 9, 201 to May 30 of the same month.

The retirement worker did not pay the total amount of KRW 3,255,370, as shown in the attached list of crimes, including P's wages, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement on extension of the due date between the parties concerned.

[2012 Highest 405]

2. The Defendant is a person operating O in the Haan-gun N in the Haan-gun.

The Defendant had worked in Q Q from September 15, 201 to January 16, 2012 at the said workplace, and retired from the said workplace, but did not pay the wages of 3,50,000 won for October 201, 201, for which KRW 3,500,000 for wages of 3,50,000,000 for December 201, 201, and KRW 1,86,23,312 for total wages of 14,86,63,312 for which no agreement was reached to extend the date for 14 days after the date of retirement, including the fact that the total amount of wages of 3,50,000 won for 3,50,000 won for December 20, 201, and the total amount of wages of 1,86,312 won for 14,000 won for which 14 days have passed from the date of retirement.

Summary of Evidence

[2011 order 768]

1. Defendant's legal statement;

1. A statement of P, R, S, and T;

1. Each complaint;

1. Each written petition;

1. Each employment contract (201st class 768);

1. Legal statement of the defendant and witness Q Q;

1. A written statement of Q;

1. Each complaint;

1. Each written petition;

1. Application of Acts and subordinate statutes to each employment contract;

1. Article 109(1) of the Labor Standards Act and Article 109(1) of the same Act concerning criminal facts;