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Reasons
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(영문) 부산지방법원 동부지원 2017.03.22 2016고정1150
근로기준법위반
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1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a cafeteria with the trade name of “D” by ordinarily employing nine workers in Busan Shipping Daegu Building, 205 heading - 206.

1. An employer who violates the Labor Standards Act relating to unpaid wages shall, if the employee dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant worked at the above workplace from May 23, 2015 to May 15, 2016 at the same workplace, and worked as the main subsidy from May 2016 of the retired worker E, the amount of KRW 2,913,30, and from March 24, 2016 to May 15, 2016, the defendant did not pay KRW 4,179,645, total of KRW 1,266,315, and KRW 4,179,645, respectively, within 14 days from the date of the above retirement without any agreement between the parties on the extension of payment period.

2. An employer who violates the Labor Standards Act relating to non-payment of the pre-employment allowance shall, when intending to dismiss a worker, make the pre-employment at least thirty days, and when 30 days have not made the pre-announcement, shall pay the ordinary wages for not less than thirty days.

Nevertheless, on May 15, 2016, the Defendant collected six workers, including workers E and F, from May 15, 2016, and asked four workers, other than E and F, to open door separately, and then did not pay KRW 3,936,560 in total,00,00,00 for E’s pre-employment allowance, KRW 2,489,360,360, and KRW 1,447,200 for F’s pre-employment allowance, and KRW 3,936,560,560, respectively, by means of resumption of business from around 13:00 on the same day as E and F.

Summary of Evidence

1. Part of the defendant's legal statement (recognition of payment of wages);

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (Payments of Wages) and Article 110 subparag. 1 of the Labor Standards Act.

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