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(영문) 창원지방법원 2018.06.08 2017고단4238
근로기준법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant, as the representative director of D Co., Ltd. in Kim Sea-si, is an employer who runs the business of manufacturing motor vehicle parts by employing 43 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay the wages of 6 workers within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment deadline between the parties, in June 2017, when he/she worked in the above workplace from April 6, 2011 to June 12, 2017, and retired from office, within 14 days from the date of his/her retirement, which is the date of payment, without any agreement on the extension of the payment deadline between the parties.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 15,650,989 of the retirement pay of retired workers E under paragraph (1) within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the payment period; and (b) did not pay four retirement allowances within 14 days from the date of retirement, which is the day of payment, without agreement on the extension of the payment period between the parties concerned, as described in Nos. 2, 3, 4, and 6 of the List of Attached Crimes No. 2,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each written accusation;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Optional fine;

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

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

1. There is no agreement between the parties on the extension of the payment period between the parties, as well as between February 11, 2005 and August 17, 2017 of FF retired from office, working for each public prosecution under Article 334 of the Criminal Procedure Act, each of the public prosecutions against the provisional payment order, and between February 11, 2005 and August 17, 2017.

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