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(영문) 창원지방법원 2017.02.09 2016고정1159
근로기준법위반등
Text

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, as the representative of the D Company in Kim Sea-si C, is an employer engaging in the manufacturing industry by employing six full-time workers.

From March 30, 201 to June 18, 2016, the Defendant did not pay an amount equivalent to KRW 4,572,333, retirement allowance 7,65,816, a total of KRW 12,228,149, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Particulars of average wages, retirement allowance calculation, and bankbooks;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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