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(영문) 창원지방법원 2014.10.31 2014고단2039
근로기준법위반등
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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 the representative of "D" in Seongbuk-gu Seongbuk-gu, Changwon-si, who is a full-time worker and operates the business of manufacturing motor vehicle parts.

From July 16, 2007 to March 31, 2014, the Defendant did not pay wages of KRW 1,243,847 and retirement allowances of KRW 8,430,779 to retired workers E, within 14 days from the date of the retirement without agreement on the extension of the due date, and did not pay wages of KRW 17,056,487 within 14 days from the date of the retirement without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 5, 8 to 10

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 each of the selective fines for punishment (i.e., confession and reflect, and management deterioration of the company that was first and was operated, resulting in the instant crime, and agreement with most workers);

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

1. Articles 70 (1) 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 in this part of the facts charged is that the Defendant worked in the above workplace from July 16, 2007 to March 31, 2014, and did not pay KRW 1,901,380 of the retired worker F, and KRW 9,516,050 of the retirement allowance within 14 days from the date of the retirement without an agreement on the extension of the payment due date, and did not pay KRW 72,575,614 of the wages and retirement allowances of the employee 11 as stated in the separate sheet No. 1,2,55,613, as stated in the separate sheet No. 1,2,5-13, without any agreement on the extension of the payment due date.

2. This part of the judgment.

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