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(영문) 창원지방법원 마산지원 2013.03.20 2013고단59
근로기준법위반등
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in this case, violation of the Labor Standards Act against B and C.

Reasons

Punishment of the crime

The defendant is an employer who conducts manufacturing business using 15 full-time workers in Haan-gun, Haan-gun D.

1. The Defendant is working in the foregoing workplace from June 6, 2012 to July 6, 2012.

Labor for retired workers E's wages of KRW 1,491,940, and from March 1, 2012 to July 5, 2012.

Labor of retired workers F is 1,916,770 won, and labor from February 19, 2012 to August 27, 2012.

Labor for retired workers G wages of KRW 1,260,650, and labor for February 28, 201 to June 10, 2012.

Wages of H 1,628,400 won were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

2. The Defendant did not pay an employee H retirement allowance of KRW 723,140 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the respective Acts and subordinate statutes of E, F, G and H

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. 70,000 won of a fine to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. The rejection portion of the prosecution under Article 59(1) of the Criminal Act (the payment of unpaid wages after prosecution was made, but the foreign workers left the Republic of Korea and did not receive a written agreement, reflects the fact that the foreign workers left the Republic of Korea, the circumstances of the occurrence

1. The summary of the facts charged is that the Defendant is an employer who runs a manufacturing business with 15 full-time workers in Haan-gun, Chungcheongnam-gun.

Defendant shall work in the foregoing workplace from June 1, 2009 to June 5, 2012.

Wages B of retired workers shall be 1,206,370 won, and shall work from March 9, 201 to June 6, 2012.

Wages C of retired workers shall be paid KRW 3,592,600, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

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