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(영문) 창원지방법원 마산지원 2015.10.21 2015고정207
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who is the representative of "C" in Hanam-gun B and runs metal processing business using 20 full-time workers.

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

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

Nevertheless, the Defendant, at the foregoing workplace from May 2012 to June 2012, and retired from office, did not pay the total amount of KRW 49,580,000,000 to 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as stated in the attached Table, as well as the total amount of KRW 1,330,000,000, which is 15 employees, as stated in the detailed statement of personal overdue money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the assistant judicial police officer of the special judicial police;

1. Each statement made with respect to D, E, F, and G prepared by a special judicial police officer;

1. Application of Acts and subordinate statutes on judgment;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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