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(영문) 부산지방법원 2017.08.17 2016고정3867
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant is a user who runs a construction business by employing two full-time workers as the representative of the “D” in heading 501 of the Busan Young-gu C Building.

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.

Nevertheless, the Defendant, from March 15, 2015 to April 16, 2015, and from April 20, 2015 to March 8, 2016, did not pay KRW 9,233,320 of the wages of retired workers E within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Reporting of fact-finding (166 pages, 169 pages), such as telephone calls, etc., on-site interviews;

1. Application of Acts and subordinate statutes to the details of passbook transactions (15 pages of investigation records), printed materials of public notice of employment (17 pages of investigation records), standard labor contract (36 pages of investigation records), Kakao Stockholm text messages (38 pages of investigation records);

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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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