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(영문) 부산지방법원 동부지원 2017.05.17 2017고정224
근로기준법위반
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is an employer who runs food business using six full-time workers as the representative in Busan Shipping Daegu Co., Ltd.

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 did not pay the total amount of KRW 1,130,000 to three workers within 14 days from the date of the above retirement without an agreement between the parties on the extension of payment due date, as well as the wage of KRW 300,000 of the retired workers D, July 7, 2016, when he worked as the kitchen at the above workplace from July 25, 2016 to July 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition of D, E, and F;

1. Application of Acts and subordinate statutes of the E’s authentic representative statement;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning 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;

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