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(영문) 창원지방법원 마산지원 2013.07.02 2013고정162
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who operates a metal structure manufacturing business by employing six full-time workers as the representative of the C in the Hannam-gun, Hannam-gun.

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

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

Nevertheless, the Defendant did not pay KRW 8,698,615 of D retirement pay from February 22, 2010 to June 13, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the payment due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a true statement;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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