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(영문) 창원지방법원 2014.04.18 2013고단3847
근로기준법위반등
Text

Of the facts charged in this case, it is against the violation of each Labor Standards Act of 9,12, and 14 listed in the separate list of crimes.

Reasons

Punishment of the crime

The defendant is an employer who employs 14 regular workers in Kimhae-si B and operates C by metal heat processing company.

From August 10, 2010 to October 11, 2013, the Defendant, while working in the pertinent workplace, did not pay the amount of KRW 13,443,64 in total, KRW 5,522,566, and KRW 7,921,098, which was retired from the Defendant, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the total amount of 26,98,099 won to three workers as set forth in the attached list of crimes Nos. 9, 12, and 14, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E statements;

1. Application of Acts and subordinate statutes on the benefit ledger;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act concerning the choice of punishment, Article 44 subparag. 1 and 9 of the Act on the Appointment of Workers' Retirement Benefits, and the choice of fines;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won a day) to attract a workhouse;

1. The rejection portion of the prosecution under Article 59(1) of the Criminal Act ( normal circumstances, such as the fact that the defendant paid the full amount of wages and retirement allowances in arrears to workers)

1. The summary of the facts charged is the employer who employs 14 full-time workers in Kimhae-si B and operates metal heat processing company C, and the Defendant did not pay wages to two workers within 14 days from the date on which the cause for payment occurred without the agreement between the parties to the extension of the due date for payment, as shown in the attached Table Nos. 5, 13.

2. We examine the judgment, and the facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act.

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