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(영문) 부산지방법원 2020.02.12 2019고단2973
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is the actual manager of C Co., Ltd. located in Gyeyang-gu Incheon Metropolitan City and runs a mobile phone wholesale and retail business using four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, during the period from December 19, 2016 to October 8, 2018, the Defendant was in charge of the management of the wholesale retail customer at the place of business located in Busan-gu, Busan-gu, Busan-do, and the 1st underground floor of the foregoing corporation, and the Defendant did not pay KRW 2,750,00 of the wages of September 2, 2018 of the retired worker E, the total of KRW 709,677 of the wages of October 2018, KRW 3,459,677 and retirement allowances of KRW 4,857,130 within 14 days from the date of retirement without an agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E’s authenticity and written statements;

1. Application of the Acts and subordinate statutes on details of receipt of benefits and calculation of retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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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