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(영문) 부산지방법원 2014.01.09 2013고정5229

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 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 a user who operates the (State)C in Busan-gu B shopping district 202.

On January 7, 2013, the Defendant received from the Busan Regional Labor Relations Commission a notice of an order of remedy that (i) the dismissal of workers D and E is unfair, and (ii) the restoration to the original position and (iii) the payment of the amount equivalent to the wages during the period of the dismissal.

The Defendant did not file an application for reexamination with the National Labor Relations Commission within 10 days from the date of receiving the notice of the order for remedy by the said Regional Labor Relations Commission, and the said order became final and conclusive on January 18, 2013.

Nevertheless, the defendant did not comply with the above order of remedy around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, report on non-performance status, and written ruling;

1. Articles 111 and 31(3) of the Labor Standards Act, and selection of fines concerning criminal facts;

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;