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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단160
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C (ju) in Syang-si, who is engaged in the manufacturing business of shipbuilding machinery using six full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 15,266,037 won in total, such as wages of workers D who worked in production from April 5, 2003 to August 18, 2017 at the above workplace, and did not pay 65,772,613 won in total from the date of each retirement, as shown in the list of crimes in attached Table, as shown in the list of crimes.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 48,412,851 as well as KRW 139,49,843 in total for six employees, as shown in the list of crimes in the attached Form, as in the above workplace from April 5, 2003 to August 18, 2017, as well as the amount of KRW 139,49,843 in total, as shown in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Details of arrears;

1. Details of arrears, calculation of retirement allowances, and application of relevant Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the facts constituting an offense set forth in the relevant Act (the fact that money and other valuables are not paid, such as wages) and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the fact that money and other valuables are not paid for retirement);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act:

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