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(영문) 창원지방법원 통영지원 2014.04.30 2013고단284
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the detailed statement of the unpaid money and valuables for each individual.

Reasons

Punishment of the crime

The defendant is an employer who employs approximately 80 full-time workers as a manager of (State)D in Si, Gyeongnam-si, and has them engage in the vessel vessel processing business.

The Defendant, who was employed by the foregoing company on April 3, 2012, did not pay KRW 1,626,510 to retired workers E on September 27, 2012 within 14 days from the date of his/her retirement, without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the accusation, the detailed statement of unpaid money and goods, the details of payment of retirement allowances and annual allowances, the details of payment by individual, the detailed statement of payment by individual, the calculation details of unpaid money and goods, the detailed statement of annual allowances by individual,

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The portion of rejection of prosecution under Article 59 (1) of the Criminal Act (see, e.g., details of arrears of wages and the fact that the overdue wages were fully paid to the victimized workers);

1. The summary of the facts charged is that the Defendant, as a manager of (State)D located in G in G in Young-si, Gyeong-nam, would employ approximately 80 full-time workers and let them engage in vessel vessel processing business.

The Defendant was employed by the foregoing company on December 1, 2010 and did not pay wages of G 3,510,680 won and retirement allowances of G 2,348,480 won on September 27, 2012, within 14 days from the date of retirement without any agreement on extension of the payment date.

In addition, the Defendant did not pay the amount of KRW 175,869,620 paid to the employees listed in the separate sheet Nos. 1 through 68, 70 through 72, and KRW 307,681,91,530 to the employees listed in the separate sheet Nos. 175,869,620 and the separate sheet No. 2, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. This part of the judgment.

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