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(영문) 창원지방법원 2014.07.04 2013고단2176
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 35 full-time workers in Kimhae-si, and operates a laundry machine parts manufacturing company F.

[2013 Highest 2176] The Defendant had worked in the said workplace from November 16, 2010 to December 20, 2012, and had not paid KRW 3,345,383 of G retired October 2012, monthly wage of KRW 3,710,190, monthly wage of KRW 2,892,821 and retirement pay of KRW 7,89,278 in total, KRW 17,847,672 within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the wages and retirement allowances to 9 workers within 14 days from the date on which the grounds for payment occurred, without agreement between the parties to the extension of the payment deadline, as shown in [Attachment 1] Nos. 1 through 4, 6, and 10.

[2013 Highest 3417] The Defendant had worked in the said workplace from April 2, 2012 to May 11, 2013, and had not paid KRW 2,135,010 in March 2013, as well as KRW 1,917,630 in April 2013, and wages of KRW 394,280 in May 2013, as well as retirement allowances of KRW 6,642,197 in May 2013, without agreement between the parties to the extension of payment period.

In addition, the Defendant did not pay wages and retirement allowances to four workers within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the due date, as shown in [Attachment 2] Nos. 6, 7, 9, and 24 of the crime sight list.

Summary of Evidence

1. Defendant's legal statement;

1. The list of evidence submitted by the prosecutor (2013 order 2176) Nos. 1 to 9 and 27

1. Application of the Act and subordinate statutes No. 1 to 4, 9 to 11, and 39 to the evidence list submitted by the prosecutor (2013 senior group3417)

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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