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(영문) 창원지방법원 2013.06.14 2013고단585
근로기준법위반
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 an employer who employs four full-time workers while managing D Co., Ltd. located in 1006 in Kimhae-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working as a vehicle maintenance personnel from March 1, 2012 at the above workplace.

On May 21, 2012, E’s retired on March 201, 2012, the total of KRW 2,000,000,000 for wage of April 2, 200, and KRW 5,000,000 for wage of KRW 5,00,000 for five-minutes did not pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who operates D Co., Ltd. located in 1006 in Kimhae-si and employs four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working as a vehicle maintenance personnel from March 1, 2012 at the above workplace.

In March 13, 2012, B’s wages of KRW 1,700,00, April 1, 200, wages of KRW 1,700,000, and KRW 5,600,000, the wages of KRW 5.00,000, the wages of KRW 6.6.0,000, and the wages of KRW 5,600,000, which were paid on June 13, 2012, are paid within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the payment.

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