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(영문) 창원지방법원 마산지원 2014.09.30 2014고단628
근로기준법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director and the employer of C Co., Ltd. who mainly engages in the business of manufacturing and installing steel structures in the Haak-gun, Hanam-gun.

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.

Nevertheless, the Defendant had worked from October 7, 2013 to November 10, 2013 at the above workplace, and had not paid KRW 3,400,000,000 for October 10, 2013 without an agreement to extend the date of retirement to D with the lapse of 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

1. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. The summary of the facts charged is the defendant and the representative director and the employer of C Co., Ltd. who mainly engages in the business of manufacturing and installing steel structures in Haan-gun B in the Ha

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.

Nevertheless, the Defendant did not pay a total of KRW 13,50,000,000 for wages of December 12, 2013, without any agreement to extend the date of retirement to E who worked and retired from the above workplace for the lapse of 14 days from the date of retirement, and did not pay wages to 27 workers from Nos. 1 to 27 of the attached list of crimes in attached Form 27 until the lapse of 14 days from the date of retirement.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, the above workers are prosecuted in the case.

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