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(영문) 창원지방법원 2015.09.24 2015고단544
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who operates a toll collection agency business in the name of “D” at the Korea Highway Corporation in Kim Sea-si B.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the workplace from February 1, 201 to April 15, 2014, and did not pay KRW 544,445 to retired workers E’s bonus and KRW 552,430 of retirement allowances, as indicated in the attached Table No. 1 to 8, 10 through 30, 32 through 40, 42 through 51, 53, 54, and 55, respectively, and did not pay KRW 37,21,725 in total, including wages and retirement allowances, within 51 workers retired from the said workplace as stated in the attached Table No. 1 to 8, 10 through 30, 42 through 51, 53, 54, and 55.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. A petition, letter of delegation, petition, and power of attorney;

1. Application of Acts and subordinate statutes on the details of unpaid wages and retirement allowances, computerized output copies, wage ledger, employment regulations, business registration certificate, details of bonus calculation, and the ledger of payment of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is that the Defendant operates a toll collection agency business with the trade name “D” at the Korea Highway Corporation C business office located in Kimhae-si B.

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