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(영문) 창원지방법원 2014.10.29 2014고정412
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the user who operates the manufacturing business of industrial machinery under the trade name of Kimhae-si C.

1. The Defendant is working as a technical director from January 1, 2012 to March 13, 2013 at the foregoing workplace.

On December 2012, E of retired workers E, the amount of wages of KRW 3,387,096 and retirement allowances of KRW 5,082,633, etc. was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, on December 21, 2012, the Defendant did not pay five million won of the pre-announcement of dismissal allowance when immediately notifying the above worker E as a mobile phone text message without prior prior notice of dismissal to the above worker E at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the prosecutor's office and police suspect interrogation protocol of the accused (including E substitute part);

1. Statement to E by the police;

1. A complaint and a petition;

1. Application of statutes governing judgment;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act (which refers to unpaid wages), Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to unpaid retirement allowances), Articles 110 subparag. 1 and 26 of the Labor Standards Act (which refers to unpaid retirement allowances) and selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

5. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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