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(영문) 창원지방법원 마산지원 2014.09.23 2014고단474
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer as a business management officer of G Co., Ltd. who mainly conducts steel structure manufacturing business, etc. in Haak-gun F.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from October 20 to December 15, 2012 at the above workplace and had retired from Vietnam’s nationality paid KRW 3,00,000,000 for the total of 1,50,000 for November 1, 2012, and 1,500,000 for the wages of December 20, 2012, without any agreement to extend the date of retirement to the H 14 days after the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to H’s written accusation and written complaint;

1. Article 109(1) of the Labor Standards Act and selection of fines concerning facts constituting an offense;

1. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. The summary of the facts charged is that the Defendant is an operator and employer of I Co., Ltd. I who mainly engages in steel structure manufacturing business, etc. in the Republic of Korea, Chungcheongnam-gunF.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked in the foregoing workplace from May 3, 2013 to May 18, 2013, and retired from the said workplace, and worked in B for May 2012, 207, 500, and from May 3, 2013 to May 17, 2013, and did not pay C retirement wages of KRW 2,062,50 for May 5, 2013, and from May 8, 2013 to May 26, 2013, and did not pay D retirement wages of KRW 1,952,50,50 for May 1, 20, from August 1, 2013 to September 23, 2013; and did not pay wages of KRW 2,06,00,00 for retirement, etc. of KRW 40,00,00,000,00 for retirement to E.

The defendant of "2014 Highest 486" is from the Haak-gun F.

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