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(영문) 부산지방법원 서부지원 2020.01.08 2019고단960

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

The Defendant, as the actual business owner of C restaurant in Busan Northern-gu and five full-time workers, was employed as the principal assistant in the above place of business from May 16, 2018 to May 28, 2018, and the Defendant did not pay KRW 8,514,000, the sum of six victims’ six wages, as shown in the attached crime list including KRW 497,00,000, to the parties concerned, within 14 days from the date of retirement on which the cause for payment occurred, without agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the preparation of each labor inspector in relation to E, F, G, and H;

1. A true statement of the I;

1. Application of Acts and subordinate statutes to each written complaint and each written complaint;

1. Relevant laws concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines;

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;