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(영문) 창원지방법원 2018.05.10 2018고정10
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who is the representative of C in Kimhae-si and operates a motor vehicle parts manufacturing business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 11,917,982, including the sum of KRW 2,50,000 on February 1, 2017, which was retired from the said workplace from office from February 5, 2017, and KRW 2,500,000 on March 3, 2017, wages of KRW 2,50,500,000 on April 2, 2017, and wages of KRW 403,226 on May 1, 2017, and retirement allowances of KRW 403,903,226 on May 226, 201, and retirement allowances of KRW 4,017,756 on May 4, 2017, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the date of payment between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints of D;

1. Application of statutes on the details of money and valuables in arrears by individual;

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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