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(영문) 부산지방법원 2015.05.14 2015고정458

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who runs the real estate sales business without a certain trade name or business registration certificate with two full-time workers in the Haak-gun and Changwon-si.

When a worker 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 worked as a secretary or a person in charge of personal business on October 1, 2013, and was retired on April 1, 2014, and the Defendant did not pay the monthly wage of KRW 4,000,000, total of KRW 24,000,000 to March 1, 2014, within 14 days after retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. C’s statement of statement of labor inspector;

1. Application of Acts and subordinate statutes governing recording records;

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 (1) 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;