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(영문) 부산지방법원 2016.11.08 2016고정2732
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business owner who runs a transportation business by using two full-time workers without a separate office while living in Busan Jin-gu B.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 8,187,090 in total, including the amount of KRW 2,700,000 in October 12, 2015 and the amount of KRW 2,700,00 in November of the same year, the amount of KRW 2,700,00 in December of the same year, and KRW 8,187,090 in January of 2016, without any agreement on the extension of the due date between the parties to the payment, within 14 days from the date on which the cause for payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the authentic statements and written statements of DNA Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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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