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(영문) 창원지방법원 2013.12.05 2013고단1395
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the I Co., Ltd. I in Kimhae-si, who runs the steel structure manufacturing business using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant, at the foregoing place of business from May 15, 2012 to October 31, 2012, served as a worker with work force and retired from Vietnam, did not pay 1,716,440 won for August 8, 2012, wages of 2,62,680 won for September 2012, and 2,12,121,100 won for October 2012, and 6,460,220 won for 6,460,220 won for 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the J’s Written Statements and the Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative director of I Co., Ltd. I in Kimhae-si, is an employer who runs the steel structure manufacturing business using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant, at the above workplace from June 1, 2012 to August 12, 2012, had been in prison and had retired workers B, and did not pay 1,245,000 won of the wages of August 8, 2012 to those retired workers, without an agreement between the parties, within 14 days from the date of retirement.

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