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(영문) 창원지방법원 2017.03.30 2017고정36
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who is the representative director of the (State)C located in Kimhae-si, and is a person in charge of operating a manufacturing business with ten full-time workers.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,329,539,00 in total, including KRW 6,219,838, retirement pay, KRW 329,539,00 in total, including KRW 2,40,00,000 in April 16, 2016, and KRW 2,054,838, and KRW 1,715,000 in June 1, 2016, when he/she retired from the said workplace as a production worker D (D, China) from February 16, 2015 to June 21, 2016, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to the complainant (E);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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