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(영문) 부산지방법원 2016.07.21 2016고정1995

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs six full-time workers while operating a corporation that engages in manufacturing business in Gangseo-gu Busan Metropolitan Government B.

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

1. The Defendant employed as a production worker on September 21, 2015 and worked for the production worker on December 6, 2015, and did not pay KRW 3,356,250 in total, and KRW 360,00 in total, KRW 360,00 in total, and KRW 3,716,250 in total, and KRW 1,250 in total, KRW 4,96,250 in total, and KRW 250 in total, of KRW 3,716,250 in December 23, 2015 when employed as a production worker on July 23, 2014 and on September 18, 2015, within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment date.

2. The Defendant, from November 1, 2015 to January 20, 2016, worked as the vice president and retired from office with the amount of KRW 2,50,000,000 for the portion paid on November 1, 2015, and KRW 2,500,000 for the portion paid on December 2, 2015, and KRW 6,500,000 for the wage to be paid on January 1, 2016, did not pay KRW 6,50,000 for the amount of KRW 1,50,50,000 for the portion paid on January 20, 2016 without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, E, and F;

1. Application of the Act and subordinate statutes on November 2015, 2015, December 2015, 2015, including a benefit ledger, commuting cards, and retirement allowance allowances;

1. Article 109 (1) and Article 36 of the Act on the Standard Labor Standards for Criminal Fact-Findings, Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages), the selection of each fine for a crime;

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;