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Reasons
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(영문) 부산지방법원 2015.11.30 2015고정3945
근로기준법위반등
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of corporation D in Gangseo-gu Busan Metropolitan City, who conducts a manufacturing business using seven full-time workers.

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

Nevertheless, the Defendant did not pay the amount of KRW 6,938,203 of retirement allowances E, the total wages and retirement allowances of employees E who worked from January 1, 2011 to November 26, 2013, the amount of KRW 2,069,150 of wages of workers F who worked from June 12, 2014 to April 30, 2015, the amount of KRW 881,600 of G wages, annual allowances, KRW 351,040 of annual allowances, and KRW 816,940 of year-end settlement refund, KRW 1,50,00 of bonuses, and KRW 13,074,941 of retirement allowances, and KRW 25,631,874 of retirement allowances, and KRW 14,874 of retirement allowances, within the agreed date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the respective Acts and subordinate statutes of E, F and G;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in this part of the facts charged is an employer who runs a manufacturing business with seven regular workers as the representative of D Co., Ltd. located in Gangseo-gu Busan Metropolitan Government C.

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

From July 16, 2014 to April 24, 2015, the Defendant’s wages 1,169.

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