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(영문) 창원지방법원 통영지원 2014.05.30 2014고정78
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who conducts the business of manufacturing vessel components by using 70 full-time workers at C Co., Ltd. located in B at the time of macroscing.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 2,84,00 of the wages of his/her retired worker D as the piping hole from November 3, 2012 to March 25, 2013, and paid KRW 4,05,648 of the wages of his/her retired worker E who worked as the pipeline hole from May 15, 2012 to March 31, 2013; and did not pay KRW 3,97,756 won from May 15, 2012 to March 31, 2013 of his/her retired worker F’s wages; and did not pay KRW 2,84,00 from November 3, 2008 to April 30, 2013 as the aggregate of the wages of his/her retired worker E; and did not pay KRW 4,631,301,315,415,538,54,513.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 7,621,915 of the worker E's retirement allowance, KRW 7,185,061 of the worker F's retirement allowance, KRW 6,569,680 of the G's retirement allowance, and KRW 21,376,656 of the worker's total retirement allowance within 14 days from the date of retirement without any agreement between the parties on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written petition of D;

1. Application of Acts and subordinate statutes to data submitted by the complainant;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of Workers, and the choice of a fine (including the amount of unpaid retirement allowances and the amount of money paid as substitute payment, etc.);

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

1. Articles 70 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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