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(영문) 창원지방법원 2017.12.06 2017고정789
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 a D representative located in Kimhae-si, who runs the business of manufacturing synthetic resin.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 14,439,924, including the sum of KRW 1,200,00,000 for E’s wages, retirement allowances, retirement allowances of KRW 5,889,924, and KRW 14,439,924,00 from September 7, 2016 to January 2, 2017, when he/she retired from the said place of business, from the said place of business to May 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a summary of the petition, and a summary of the petition;

1. Application of Acts and subordinate statutes to the details of unpaid benefits, retirement allowances, and the amount in arrears by individual;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is a user who manufactures synthetic resin as a D representative located in Kimhae-si.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 6,923,069 from the date of his retirement to January 26, 2017, including the sum of KRW 3,800,000, retirement allowances, and KRW 3,123,069, who retired from the said workplace, as well as KRW 6,923,069, which was employed from June 25, 2015 to January 26, 2017.

2. Determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act.

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