(영문) 창원지방법원 마산지원 2012.12.05 2012고단612

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자간(%)

(영문) 창원지방법원 마산지원 2012.12.05 2012고단612

근로기준법위반

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 Highest 612]

1. The Defendant is the representative of the Haman-gun B (ju), who employs 20 full-time workers and operates the steel structure manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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.

The Defendant did not pay KRW 95,422,651 in total, including KRW 16 workers’ wages, retirement allowances, and refund for the year of year-end tax settlement of income tax, as shown in the attached Table of Crimes List, at the above B (State) workplace, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement on extension of the due date between the parties concerned, as well as KRW 16 workers’ wages, retirement allowances, and refund money, etc.

[2012 Highest 735]

2. The Defendant is a person operating a stock company E mainly engaged in the business of manufacturing and installing steel structures located in Haan-gun, Haan-gun, Gyeongnam-gun.

The Defendant did not pay a total of 61,482,188 won, etc. to six workers, including the written statement of payment of retirement allowances of 15,643,349 won, without an extension of the due date, upon the lapse of 14 days from the date of retirement, from August 24, 2007 to January 31, 2012, including the fact that the employee F worked in the said workplace and retired from office, but did not pay the retirement allowances of 15,643,349 won without an extension of the due date.

Summary of Evidence

[2012 Highest 612]

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Each written petition;

1. A detailed statement of overdue wages, a written calculation of retirement allowances, and a statement of payment of wages (201Sang735);

1. Defendant's legal statement;

1. Each statement;

1. A complaint;

1. Each written petition;

1. A written calculation of each retirement allowance;