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(영문) 창원지방법원 마산지원 2013.05.14 2013고정92
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs the business of manufacturing motor vehicle parts by making five full-time workers at Masan-si, Masan-si B.

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 2,121,050 paid monthly wages of CNC from May 2, 2010 to July 9, 2012; KRW 1,922,350 paid monthly wages of KRW 1,922,350 paid monthly wages of KRW 342,385,400 paid monthly wages; KRW 4,385,400 paid monthly wages from July 30 to August 16, 2012; and KRW 1,953,982 paid monthly wages from June 30, 201 to June 16, 2012; KRW 1,295,975 paid monthly wages from July 1, 205; KRW 40,401 paid monthly wages from KRW 3,689,989; and KRW 389,4885 paid monthly wages from the date of the payment; and KRW 380,97.

(b) Where an employer retires, he/she shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 5,98,50,00 in total, within 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, to July 2, 2010 to July 9, 201, including KRW 4,117,390, and KRW 1,881,110 of D retirement pay from July 30, 201 to August 16, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts and Articles 109(1) and 36 of the same Act;

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