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(영문) 부산지방법원 2016.12.15 2016고정2834
근로기준법위반등
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 is an employer who actually runs a logistics delivery business using two full-time workers under the trade name of “C” in Busan Jin-gu, Busan.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from December 18, 2013 to April 30, 2015, the Defendant is performing the duty of customer counseling, etc. at the above workplace.

A retired worker D’s wage of KRW 1,250,00 on January 2015, 2015, KRW 1,250,000 on February 2, 2015, KRW 1,250,00 on March 3, 2015, KRW 4,291,666 on April 2015, KRW 31,000 on retirement pay, KRW 1,717,574 on retirement pay, KRW 6,040,240 on the date on which each ground for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Fact-finding certificates of E preparation;

1. Average wages, a written calculation of retirement allowances, and details of overdue money and valuables;

1. A copy of a bankbook;

1. Collection and reporting of research data (this shall refer to the history of the insured workers, and tax investigation into the workplace of employment insurance);

1. Application of Acts and subordinate statutes to the reply to the request for cooperation and the request for cooperation [the third (12)/2th (2nd) of 2013; the application for the examination of employment promotion subsidy for December or December 2013; the statement of business trips; the third (3) employment promotion subsidy for March or May 2014; the application for the examination of employment promotion subsidy for March or May 2014; the application for the fifth (7-9th) employment promotion subsidy for July or September 2014; and the application for the application for the employment promotion subsidy for September or September 11, 2014];

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid wages, etc.);

1. Trade name;

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