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(영문) 부산지방법원 2017.09.26 2017고단3617
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

The defendant is an employer who operates the interior design business by using one full-time worker in the trade name of "AR" in Busan-gu Seoul Metropolitan Government Da building.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 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 KRW 34,567,075, in total, from May 6, 2002 to July 14, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the authenticity among the fact-finding or the fact-finding protocol;

1. Application of Acts and subordinate statutes on details of receipt of monthly wages, details of calculation of retirement allowances, and details of advance settlement of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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