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Reasons
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(영문) 창원지방법원 진주지원 2014.07.17 2014고정218
근로기준법위반등
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business owner who is engaged in the manufacturing industry using two full-time workers in the trade name called Jinju City B. A.

The Defendant did not pay D’s annual unused allowance of KRW 504,00, bonuses of KRW 9,900,000, wage balance of KRW 2,821,760, and E’s annual unused allowance of KRW 504,00,000, bonuses of KRW 504,000, bonuses of KRW 1,000,000 from March 6, 2009 to August 31, 2013 at the same place of business without any agreement between the parties to the extension of the due date.

B. When an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and when he/she did not give a notice of dismissal at least 30 days, the Defendant did not pay the worker D and E a notice of dismissal as of August 31, 2013, with the notice of dismissal as of August 31, 2013.

C. The Defendant did not pay the retirement pay of KRW 851,580 and KRW 1,819,735 of E’s retirement pay in the balance of D’s retirement pay set forth in the preceding paragraph within 14 days from the date of retirement without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each statute on filing of a complaint;

1. Article 109(1) and Article 36 of the relevant Act as to facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act as to the choice of punishment, Article 110 Subparag. 1 and Article 26 of the same Act as to each Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid), and the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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