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(영문) 창원지방법원 마산지원 2014.06.17 2014고단377
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director and the user of (ju)C who operates sanitary articles manufacturing business, etc. in Haak-gun, Hanam-gun.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the above workplace from May 11, 2009 to December 31, 2012 from the date of retirement, and did not pay 3,828,880 won in total, including 987,220 won in September 20, 2012, to 5 workers as shown in the annexed crime list, without any agreement to extend the period of 14 days from the date of retirement, and did not pay 25,638,640 won in total, including wages, to 5 workers, as shown in the annexed crime list.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked in the above workplace from May 11, 2009 to December 31, 2012, and did not pay the retirement allowance of KRW 3,412,126 without any agreement for the extension of the due date until 14 days have passed from the date of retirement to D, and did not pay the total amount of KRW 14,575,901 to 5 workers as shown in the annexed crime list, such as the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person commits suicide and has no criminal record exceeding a fine, etc.);

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