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(영문) 부산지방법원 2020.06.11 2020고정210
근로기준법위반
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

The defendant is an employer who resides in Suwon-gu B and C and engages in artificial fishery without a separate business registration certificate.

When a worker dies or retires, the employer shall pay the wages, compensations, 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 works from April 14, 2017 to April 29, 2017 at the construction site for remodeling of a private house in Busan Jin-gu D, Busan.

A retired E’s wage of KRW 3,780,00,000, as stated in the details of the attached money and valuables in arrears, did not pay KRW 21,00,000,000 to the employees within 14 days from the date of each retirement in which the cause for payment occurred, without agreement between the parties to the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017);

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

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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