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(영문) 부산지방법원 2013.07.17 2013고단1026

근로기준법위반등

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

(State)The defendant is a person who engages in a manufacturing business with 39 full-time workers on the trade name of C.

The Defendant, around September 2012, did not pay KRW 3,787,875 of the E’s wage, which was worked in (ju) C in the Young-gu Busan Metropolitan City around December 10, 2011 through August 20, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the due date, as indicated in the attached Table Nos. 2, 12, 15, and 25 of the daily list of crimes, including that the Defendant did not pay KRW 18,071,751 of the total wages of four workers within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police appellant with F;

1. A written petition;

1. Application of Acts and subordinate statutes to the details of delay in payment of C wages, average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each selective fine for punishment (the reflectivity, efforts to agree with victims, and previous convictions of fines on one occasion);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant did not pay KRW 3,197,50 of G's wages of 3,197,500 working in the (ju) C from November 14, 2011 to August 20, 2012 in the Young-do, Busan around September 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of G and the date of payment, within 14 days from the date of the occurrence of the cause for payment. The Defendant did not pay seven workers' retirement allowances listed in attached Table 9, 14, 19, 21, 21, 33, 34, 37 and attached Table 1, 3 through 11, 13, 14, 16 through 24, 26 through 39 within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties.

2. The facts charged pertaining to this part of the judgment are as follows: Article 109(2) of the Labor Standards Act.