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(영문) 창원지방법원 마산지원 2013.12.18 2013고단709
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a business owner who engages in power generation facility part business with 15 full-time workers as a representative of I located in M in Changwon-si M in Changwon-si.

1. The Defendant in violation of the Labor Standards Act did not pay wages, etc. of 3 retired workers employed in the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the due date, as set forth in the attached Table 1, 2, and 3.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay three workers' retirement allowances within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the payment, as shown in the table of crimes (2) Nos. 1, 2 and 3.

Summary of Evidence

1. Defendant's legal statement;

1. Each criminal complaint and a petition;

1. Application of statutes to certify overdue money and other valuables;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense.

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

1. The portion concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act (the same type of electric power, reflect, etc.);

1. The summary of the facts charged is that the Defendant is a business owner who engages in power generation facility parts business with 15 full-time workers as a representative in Changwon-si, Changwon-si H, Changwon-si.

The Defendant in violation of the Labor Standards Act was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement on extending the payment of the wages, etc. of six workers who worked and retired in the above workplace, as shown in the attached list Nos. 4 through 9.

B. The Defendant violated the Act on the Guarantee of Workers' Retirement Benefits did not pay three workers' retirement allowances within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the payment, as set forth in the attached Table Nos. 4, 5, and 6.

2. Dismissal of the public prosecution; and

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