logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.30 2016고단2246
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 runs a construction business under the trade name of “H” in Kimhae-si G.

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

Nevertheless, the Defendant did not pay KRW 500,000, retirement allowance of KRW 15,605,270, out of the wages of August 2015 of I retired from the said workplace as an engineer of the power plant A/S from November 1, 2012 to August 17, 2015, without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to details of transactions, certification of business registration, and confirmation of retirement allowance calculation (Evidence No. 11);

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. 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 this part of the facts charged is that the Defendant retired from the said workplace as an engineer of the power plant A/S from April 7, 2014 to August 17, 2015, the Defendant did not pay KRW 500,000, retirement allowance of KRW 7,79,231, and KRW 7,79,231, November 1, 2012 to August 17, 2015 of E retired from the said workplace without agreement between the parties on August 8, 2015, that he/she retired from the said workplace during the period of 50,00,000, retirement allowance of KRW 162,565, retirement allowance of KRW 162,565, and from August 1, 2014 to August 7, 2015.

2. One set of the board is a crime falling under Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Workers’ Retirement Benefit Security Act.

arrow