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(영문) 부산지방법원 서부지원 2017.11.15 2017고단965
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer as the actual manager of D, who operates a heat exchange business with seven full-time workers in Busan Sho-gu C, and conducts a heat exchange business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 7,945,000 won, including 2,20,000 won in January 1, 2017, of retired workers E, who were in charge of the supply business from April 1, 2016 to January 31, 2017 at the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Details of personal arrears and application of Acts and subordinate statutes concerning the detailed statement of benefits;

1. Articles 109(1) and 36 of the Labor Standards Act, and the selection of fines for criminal facts;

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

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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