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(영문) 부산지방법원 2017.06.22 2016고정1459
근로기준법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is an employer who engages in the sales and manufacturing of water-saving machines using 50 full-time workers under the trade name of the head office No. 406 and 407 of the building D in Seongbuk-gu, Sungnam-gu, and Busan-gu E having a place of business in Busan-gu.

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

Nevertheless, the Defendant, from March 2, 2015 to June 1, 2015, was employed by the employees G, who were employed in the said workplace and worked in the said workplace for the same period as the wages of 2,50,000,000 for May 2, 2015 and the total amount of KRW 1,50,000 for each of the wages of H, I, and J in May 2015, did not pay KRW 7,00,000 for the total amount of KRW 1,50,000 within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Some of the witness K’s legal statement;

1. A proposal (80 pages of investigation records), sample of a labor contract (128 pages of investigation records), statement of payment of allowances (17 pages of investigation records), business report (93 pages of investigation records);

1. Relevant contracts, such as offices, office equipment, etc. (no more than 147 pages of investigation records);

1. Application of Acts and subordinate statutes of a written confirmation (96 pages for investigation records), each recording recording (135 pages, 166 pages for investigation records);

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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. In full view of the following circumstances, G, H, I, and J (hereinafter “G, etc.”)’s grounds for conviction under Article 334(1) of the Criminal Procedure Act, the Defendant provided labor to the F Co., Ltd. (hereinafter “instant company”) operated by the Defendant in a subordinate relationship with the purpose of this wage.

Since it is reasonable to see that the facts charged in this case are guilty.

The defendant.

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