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(영문) 부산지방법원 2021.03.25 2020고정956

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business with 300 full-time workers in the trade name of the Busan Dong-gu, Busan, which is a company in charge of the construction business.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant, at the above workplace from October 31, 2019 to January 18, 2020, did not pay the total of D’s wages of 3,510,000 won in November 2019, wages of 3,465,000 in December 2019, wages of 2,262,00 won in January 2, 2020, and the total of 9,237,000 won in October 23, 2019 to October 23, 2019 to January 18, 2020, as wages of 3,4,287, 200, 10, 200, 10, 205, 200, 10, 205, 2014, 10, 205, 205, 205, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the specifications of daily labor costs, each written complaint and written petition filed by D and E;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. It is so decided as per Disposition in consideration of the reason under Article 334(1) of the Criminal Procedure Act and the fact that the defendant deposited KRW 8,439,010 for D, etc.