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(영문) 창원지방법원 2014.04.29 2014고정150
근로기준법위반등
Text

1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in Kim Sea-si B, who ordinarily employs 40 workers and operates automobile parts manufacturing business.

From May 17, 2010 to December 10, 2012, the Defendant is serving as accounting at the pertinent workplace.

A retired worker D's total amount of money and valuables 2,31,353 won, including 46,154 won in November 2012, 426,036 won in December 2012, 349,776 won in annual paid leave allowance, retirement allowance 1,509,387 won, etc., and 2,331,353 won in November 2012, without any agreement between the parties to the extension of the due date, was not paid within 14 days from the date on which the grounds for the payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police investigator against D;

1. Application of Acts and subordinate statutes to a report on the acquisition of internal investigation data (including attached documents);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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