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(영문) 부산지방법원 동부지원 2016.01.25 2015고정208

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

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

1. The Defendant is the actual manager of Gangnam-gu Seoul Metropolitan Government and five floors, who employs 50 full-time workers and engages in the long-term wholesale business.

The Defendant: (a) served in the salesroom in Busan Shipping Daegu E and 1st floor F department stores from April 23, 2013 to April 6, 2014; (b) did not pay KRW 2,115,30 in total wages of G retired from office; and (c) paid KRW 3,876,30 in total wages of H retired from office from July 1, 2013 to June 8, 2014; and (d) did not pay KRW 3,876,30 in total wages of H within 14 days after the termination of each contractual relationship.

2. The Defendant, as the representative director of Mapo-gu Seoul Mapo-gu International and 1st century, is an employer who engages in the long-term wholesale business by employing ten full-time workers.

The Defendant did not pay the total of KRW 1,938,50,00, from August 1, 2013 to May 1, 2014, K’s wages, etc. retired while serving in the store operating the above company at Busan Shipping Daegu E and 1st floor F department stores within 14 days from the termination of the contractual relationship.

Summary of Evidence

[Attachment 1] - (Evidence No. 28531 of 2014)

1. Statement made by the defendant in this court;

1. Statement made by the Special Judicial Police in H [2 points as indicated in its holding] - (Evidence No. 28374 as stated in its holding] - (Evidence Records No. 28374 as of 2014);

1. Statement made by the defendant in this court;

1. Application of Acts and subordinate statutes to entries in the statement protocol prepared by the special judicial police officer with respect to K;

1. Relevant provisions of the Act and the main sentence of Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act concerning facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;