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(영문) 부산지방법원 2013.06.27 2013고정430
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a business owner who runs a vessel vessel processing business by employing 15 full-time workers from D in Young-gu Busan Metropolitan City C with the trade name of E.

The Defendant, from May 1, 201 to May 20, 2012 at the same place of business, had worked in contact with the Defendant, as well as KRW 250,00,00 on March 1, 2012, the sum of three money and valuables, such as F, G, and H, is not paid within June 30, 2012, which agreed to extend the payment period between the parties concerned. The Defendant did not pay KRW 5,020,00 in aggregate of two money and valuables, such as I, within 14 days from the date of their retirement without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. Statement to J police officers;

1. A written statement of F and I;

1. Written complaints filed by F2, I, and 1;

1. Application of Acts and subordinate statutes to written notes, copies of each passbook, contents of unpaid benefits, employment insurance cards, business place cards, details of confirmation on telephone, etc., work ledger, details of payment in wages, confirmation documents (data confirming payment in advance);

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who is a full-time employee of 15 workers under the trade name of E from D located in the Young-gu Busan Metropolitan City C and operates a vessel processing business.

The defendant shall work in the above company from March 1, 2012 to May 2, 2012.

B’s retirement of 320,00 won in April 2012, and 120,000 won in May 2012, 2012, did not pay 440,000 won in total within 14 days from the date of retirement without any agreement on extension of the due date.

2. The facts charged in this case are subject to Articles 109(1) and 36 of the Labor Standards Act.

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