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(영문) 부산지방법원 2013.04.19 2012고단412
근로기준법위반등
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 has the head office in Busan Jung-gu C building and has 65 full-time workers and is a representative director of D Co., Ltd. who operates ship design business.

1. The Defendant did not pay KRW 9,001,310 of the E’s wages, which he retired while working in the said company from December 13, 2010 to June 27, 201, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. From April 18, 201 to May 18, 2011, the Defendant did not pay KRW 601,720 of the wages of F working in the said workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of F and the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. Copy of corporate register and application of Acts and subordinate statutes to H stock companies;

1. Articles 109(1) and 36 of the Labor Standards Act and the selection of fines for offenses;

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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is that the Defendant, as the representative director of the D Co., Ltd. engaged in the ship design business by using 65 full-time workers, paid KRW 13,756,90,00, including the I wage at the above workplace from January 19, 201 to June 30, 201, without agreement on I and the extension of the due date, did not pay KRW 13,756,90, including the I wage, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment without any agreement on I and the extension of the due date, as well as 24 workers (excluding No. 19 of the order) indicated in the details of the money and valuables in attached Form 1 and 90 workers (excluding No. 92 of the order) who entered the details of the money and valuables in attached Form

2. Determination

(a) Applicable provisions of Acts: Labor Standards Act;

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