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(영문) 부산지방법원 2013.10.24 2013고정3945

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of C in the second floor of Busan Jin-gu B, Busan, who has been engaged in the machinery sales business by using one regular worker.

The Defendant, around March 9, 2012, worked for the said company as an employee from November 1, 2004 to February 22, 2013, and did not pay the amount of KRW 1,571,420 and retirement allowance of KRW 2,326,380 as of the retired D on February 2, 2013, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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;