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(영문) 부산지방법원 서부지원 2019.08.14 2019고정25
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of Gangseo-gu Busan Metropolitan Government, was employed by 32 full-time employees in charge of the business of operating the business of manufacturing solar power infrastructure and the employer, who was employed from September 1, 2016 to December 6, 2017 by the Defendant and retired from work as the production department, and did not pay the Defendant the total of KRW 3,627,320 and retirement allowances of KRW 1,802,801 as well as KRW 5,430,121 as stated in the separate statement of unpaid money and valuables in attached Form 33,026,730 and retirement allowances of KRW 19,72,829 in total, total of KRW 52,749,559 within 14 days from the date of the occurrence of the cause for payment without agreement on extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition, a written statement representing the petitioner, a written statement representing the petitioner and each written complaint;

1. Application of Acts and subordinate statutes to each written confirmation of delayed payment of wages, each retirement allowance calculation details, and each written statement of unpaid money and valuables;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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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