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(영문) 창원지방법원 마산지원 2014.07.02 2013고단281
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an employer who is a business management officer of E Co., Ltd. who mainly engages in the business of free trade for electronic display by employing 16 full-time workers in Haan-gun, Hanam-gun.

The defendant did not pay wages to 13 workers who worked and retired in the above workplace as shown in attached Table 1 (1) and pay retirement allowances to 7 workers who were employed and retired in the above workplace as shown in attached Table 1 (2), without any agreement on the extension of the due date, within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each petition of G, H, F, I, J, K, L, M, N,O, P, Q, and R;

1. Application of Acts and subordinate statutes to each individual's unpaid details and calculation of retirement allowances;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

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

1. Suspension of execution: Part on the dismissal of public prosecution under Article 62 (1) of the Criminal Act;

1. The summary of the facts charged is that the Defendant is an employer as a person in charge of business management of the Company E, who mainly engages in a manufacturing business of free trade for electronic display by employing 16 full-time workers in Haan-gun, Haan

The Defendant, like the list 14 No. 14, did not pay wages to retired workers C, and did not pay wages to retired workers C without an extension of the fixed date until 14 days have elapsed from the date of retirement.

2. Reasons for dismissing the public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act, Article 109 (2) of the Labor Standards Act.

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