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(영문) 부산지방법원 2014.01.20 2013고정5638
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative director of Gangseo-gu Busan Metropolitan Government C (State) who runs food processing business using seven regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 the amount of KRW 1,93,240 as wages in February 2013, 2013, and KRW 439,920 as annual salary, annual salary of KRW 1,791,650 as well as retirement allowance of KRW 6,757,590 as a total, KRW 10,922,40 as of March 1, 2013 at the same place of business, and KRW 14 days as of the date of the occurrence of the cause for the payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute to D;

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 an alternative fine for punishment;

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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