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(영문) 부산지방법원 2015.03.09 2015고정17

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who employs 47 full-time workers under the trade name of "C" in Busan Jin-gu, Busan and is engaged in the main store business.

In addition, the Defendant did not pay KRW 460,00 of the wages of 12 employees as stated in the attached Table, including the fact that he/she worked in the said workplace from July 11, 2013 to August 20, 2013, and did not pay KRW 11,767,000 of the total wages of 12 employees within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as stated in the attached Table.

Summary of Evidence

1. Entry of each of the suspect interrogation records prepared by the labor inspector on the accused in each protocol;

1. A report on the examination of the suspect prepared by the labor inspector against the accused, E, or F;

1. Statement of a representative of the labor inspector prepared by the labor inspector in relation to D, statement of a witness prepared by the labor inspector in relation to G, and statement of a witness prepared by the labor inspector in relation to H (second);

1. Statement of Appellants in Preparation of I, Statement of Appellants and Statement of Appellants in Preparation of J;

1. The details of each arrears, the details of each individual arrears, the details of the arrears, the statement of the payment of wages, the statement of the accounts (8-10 months), and the details of MF incentives (7-10 months);

1. Application of the contract of the same business, the details of passbook transactions (C), a statement of payment, the monthly sales status (from July to November 13), a statement of payment, a statement of deposit return, a certificate of deposit return, and the laws and regulations on tax payment receipts;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;