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(영문) 부산지방법원 2015.10.21 2015고정2289

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of Busan Central District CD and is an employer who runs the sales business of Nowon-gu by employing one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant had worked from February 4, 2009 to February 4, 2015, and retired E- from office did not pay KRW 9,128,600,00 in total, including KRW 1.8 million and retirement allowances in November 2014 and December 12, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The details of the calculation of retirement allowances [the defendant and his defense counsel agreed to reduce the wages of one million won after January 2015 between E and E at the time as well as to reduce the wages of one million won after January 2015, the amount of unpaid wages and retirement allowances for November 2014 shall be calculated based on the amount of the above reduced amount as well as the unpaid wages and retirement allowances for December 1, 2014, since they agreed to reduce the wages of one million won from each of 1.8 million won. However, according to the evidence mentioned above, such as the witness E's testimony, it is recognized that there is no agreement that E reached an agreement to reduce the wages of January 1, 2014 and December, 201,

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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;