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(영문) 창원지방법원 마산지원 2015.04.22 2013고단986
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of Mapo-gu Seoul Metropolitan Government 802, who is a company C and is an employer in charge of the business of operating the business of manufacturing advanced electronic control devices by employing four full-time workers at the Masan Factory located in Changwon-si, Changwon-si D.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked in the foregoing workplace from November 1, 2012 to March 31, 2013, and retired from office, did not pay KRW 500,000,000 as wages for January 2013 without agreement on the extension of the due date to the lapse of 14 days from the date of retirement to March 31, 2013, and did not pay to three workers a total of KRW 64,197,200,00 from the date of retirement to 14 days from the date of each retirement, as stated in the detailed statement of money and valuables in the attached Form.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of E prepared by a special judicial police officer;

1. Application of the written statement prepared by E (90 pages of investigation records) Acts and subordinate statutes;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant has no record of having been sentenced to suspended sentence due to the same crime, and the total sum of the amount in arrears of the instant case, etc., the Defendant shall be sentenced to a fine, taking into account the following factors: (a) although the Defendant granted a reasonable period, it cannot be deemed that the victims’ intent not to punish the Defendant was clearly expressed (see, e.g., Supreme Court Decision 2012Do3166, Sept. 13, 2012).

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