logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.04.08 2014고정82
근로기준법위반등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is an employer who operates the business of manufacturing shipbuilding machinery and equipment by employing seven full-time workers as the actual representative of C Co., Ltd. in Kimhae-si.

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

1. The Defendant, from April 1, 2011 to April 1, 2011, worked for the pertinent company as a technical position, and did not pay KRW 8,462,170 in total as wages, retirement allowances, such as the details of personal delayed payment in attached Form No. 2, including D, retired on May 31, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

2. The Defendant, “2014 high-level 83,” working for the said company as a production worker from February 17, 2012, and did not pay KRW 2,492,00 of the E’s wages on July 20, 2012 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Written statements related to D or F;

1. A copy of the labor contract, a copy of the details of commuting ( April 2012), average wages and retirement allowances calculation details, a statement of personal delayed payments, and a copy of the business registration certificate;

1. A true E statement;

1. Application of Acts and subordinate statutes to a copy of a statement of benefits ( June 2012);

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

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

1. Selection of each alternative fine for punishment;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow