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(영문) 부산지방법원 동부지원 2015.10.08 2015고정11
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 20, 2005 to December 31, 2010, the Defendant is the representative of the Dispute Resolution Co., Ltd. in Busan Dongdong-gu, Busan. From January 1, 201 to June 26, 2013, the Defendant is an employer who continuously employs 5-8 full-time workers as the representative of the Dispute Resolution Co., Ltd. in Busan Shipping Daegu E and 617, and operates the business of manufacturing and installing security telecommunications equipment.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, at the foregoing place of business, worked as the head of technical support division, etc. from May 10, 2007 to June 26, 2013, did not pay KRW 4,946,00 in total amount of G wages retired ( KRW 50,000 in March 2013 + KRW 80,580 in April + + KRW 2,580,000 in May + KRW 2,236,00 in June + KRW 2,63,564 in retirement allowance) and KRW 15,63,564 in each of the above labor contract relations was terminated within 14 days.

Summary of Evidence

1. Partial statement made by the defendant in the first trial record;

1. A statement made by the witness G in this court;

1. Each description of a copy of each statement prepared by H and I;

1. Application of the Acts and subordinate statutes of each of the certificates of career experience (15, 16 pages of evidence), details of benefits (Evidence Records No. 17 pages of evidence), account transaction details inquiry (Evidence Records No. 18 pages of evidence), and each of the certificates of closure of business (Evidence Records No. 48, 49 pages of evidence);

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 (which means the payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a violation of the Act on the Guarantee of Workers' Retirement Benefits, the crimes of which are heavier, shall be imposed among the crimes committed on the market);

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

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