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(영문) 창원지방법원 2015.08.12 2013고단3857
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who employs 14 full-time workers in Kimhae-si C and operates D of nuclear parts manufacturing enterprises.

The Defendant, while working in the said workplace from January 1, 2012 to February 28, 2013, did not pay KRW 13,334,920, including the sum of KRW 1,697,500, weekly leave allowances, KRW 5,040,00, and KRW 13,334,920, which was paid in February 2013, without agreement between the parties to the extension of the due date, within 14 days from the date on which the cause for the payment occurred.

In addition, the Defendant did not pay the total amount of KRW 78,305,503 in overtime allowance, weekly paid leave allowance, wage and retirement allowance for 7 workers, as shown in the attached list of crimes committed in addition to this, 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.

The defendant of "2014 High 88" is an employer who has employed 14 full-time workers in Kimhae-si C and operated D of nuclear parts manufacturing enterprises.

The Defendant had worked in the foregoing workplace from November 7, 201 to January 3, 2013, and from January 8, 2013 to September 9, 2013, and had not paid KRW 1,218,160 as retirement allowances for the period from November 7, 201 to January 3, 2013, and KRW 1,738,160 as retirement allowances for the period from November 7, 201 to January 3, 2013, without an agreement between the parties to the extension of the payment deadline, within 14 days from the date on which the cause for the payment occurred.

Summary of Evidence

"2013 Highest 3857"

1. The defendant's partial statement in the second protocol of trial;

1. Each statement of witness E, G and H in the third protocol of trial;

1. The statements made by witnesses I and J in the fourth trial records;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. A criminal investigation report, investigation report (Correction of accrued details, such as overtime work allowances), investigation report (Correction of unpaid details, such as overtime work allowances), and investigation report;

1. Details of overtime work, overtime work allowances, and unpaid weekly leave allowances, and details of correction by complainants;

1. Current status of each attendance at work;

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