logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.13 2016고정1989
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 operates restaurant business with five full-time workers under the trade name of “E” in Busan East-gu D.

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, the Defendant did not pay KRW 7,016,028 as well as KRW 7,868,754 as the total of KRW 7,016,028 as well as KRW 852,726 as retirement allowances of retired workers who worked in the said workplace from July 20, 2012 to September 30, 2015, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each labor contract, details of arrears, and application of statutes to wage ledgers;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant paid all wages and retirement allowances by paying 3,987,330 won per month to F on the following grounds:

1 The prosecutor brought a public prosecution of this case on the premise that the defendant did not guarantee worker FF a full time of recess hours, and that there was wages and retirement allowances for one hour of recess hours.

However, the Defendant received the monthly salary of KRW 130,000 between workers F and 16:30 to 23:00.

arrow