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(영문) 부산지방법원 2016.08.25 2016고정351

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 is engaged in construction business with the name of I located in the Dong-gu Busan Metropolitan City H and participates in the new construction of the K-dong Corporation and the new construction of the M-office located in the Busan Seo-gu L.

When an employee retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within 14 days after the cause for such payment occurred.

1. The Defendant, from May 1, 2015 to May 28, 2015, had not paid KRW 2,070,000 on May 5, 2015, and had not paid KRW 4,550,000 on the aggregate of three employees’ wages, as shown in [Attachment 7 to 9], as well as each worker’s payment of delayed payment, within 14 days from the date of retirement where the grounds for payment occurred, without agreement on the extension of payment due date between the parties.

2. From May 1, 2015 to May 30, 2015, the Defendant paid KRW 2,00,000,000, the amount of KRW 1,500,000 for workers P wage of KRW 1,50,000 for workers P and wages of KRW 1,50,000 for workers Q, and KRW 5,00,000 for workers Q, who were employed in the above I, within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against N, B, orO;

1. Details of personal delayed payment, and application of the Act and subordinate statutes regarding output;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is as follows: (a) the Defendant did not pay KRW 1,935,000 on May 1, 2015, when employed at the above construction site from May 1, 2015 to May 31, 2015 and retired from office.