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(영문) 창원지방법원 마산지원 2013.08.20 2013고정383
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who operates a construction business with three full-time workers employed as a representative director of the Co., Ltd. in Changwon-si, Msan-si, Masan-si, 605.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 21,000,000, total amount of wages, including the sum of KRW 12,000,000,000, from September to December 31, 2011 to December 31, 2012, including the sum of KRW 3,000,000,000, etc., of the D’s wages from September 1, 201 to December 12, 201, and the wage from April to December 12, 2012, including the sum of KRW 1,00,000,000,000, which is the date when the cause for payment occurred between the parties, within 14 days from the date when the cause for payment occurred without an agreement on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 938,050 of D retirement pay from February 1, 201 to December 31, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, the selection of fines for negligence;

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. The Criminal Procedure Act;

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