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(영문) 창원지방법원 2013.06.12 2013고정33
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in Kim Sea-si B, who ordinarily employs nine workers and operates the pipe manufacturing business.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in a production position from July 14, 2010 at the above workplace and did not pay the total of KRW 19,628,000 for the wages and retirement allowances of three foreign workers as well as KRW 1,897,440 on March 15, 2012 of D (Korean name: E) retired from four arms on May 15, 2012, as indicated in the details of personal delayed payment money and valuables in the attached Form, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The statement made by each police officer in relation to D (Korean name: E);

1. A written calculation of each retirement allowance and a detailed statement of calculation of accrued benefits;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, and Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) of the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) stated the name of the crime and the applicable provisions of Acts in the indictment as “violation of the Labor Standards Act” and “Articles 109(1) and 36 of the Labor Standards Act” in the indictment, but the “Act on the Guarantee of Workers’ Retirement Benefits

This is because only the criminal and applicable provisions of law vary, and the charges and statutory penalties are identical so there is no risk of causing substantial disadvantage to the defendant's defense right.

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of penalty:

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