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(영문) 부산지방법원 2014.05.22 2013고정4182
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who engages in the repair business of ships using five regular workers under the trade name of "D" in the Young-gu Busan Metropolitan City C.

1. The Defendant unpaid wages did not pay KRW 675,00,000, monthly wage of KRW 765,440,000, which was paid from July 2, 2012 to July 14, 2012 by H, who was employed by the Defendant on July 2012, and worked on July 2012 from July 3, 2012 to July 14, 2012 at H, who had worked on July 2, 2012 from July 201 to July 14, 2012, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. On July 2, 2012, the Defendant, who fails to fulfill the obligation to specify working conditions in writing, did not specify in writing working conditions, such as wages, in concluding each employment contract with G on July 3, 2012.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Application of the Acts and subordinate statutes on the protocol of examination of witnesses G and H to the witness G;

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the same Act concerning facts constituting an offense, and Articles 114 subparag. 1 and 17 of the same Act (in cases of failure to comply with the duty to specify in writing the working conditions) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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