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(영문) 부산지방법원 2013.10.10 2013고정3560
근로기준법위반등
Text

Defendant shall be punished by a fine of one 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 the representative of the C Company in Tong Young-si, who has been engaged in the vessel processing business by using 100 full-time workers.

The Defendant, around December 29, 201, worked for the said company as an employee from October 6, 201 to December 14, 2011, and did not pay 28,423,452 won in total for 10 employees, as stated in the attached crime list, as well as 7,920,000 won in wages and retirement allowances for 10 employees, within 14 days from the date of retirement, without any agreement between the parties on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement made by the police of the F;

1. G statements;

1. Each written petition;

1. A detailed statement of personal arrears, each benefit statement, each retirement allowance calculation statement (F), benefit statement, passbook transaction statement, identification card, passport copy, and the details of passbook transaction (D);

1. Application of Acts and subordinate statutes to a criminal investigation report (the verification report as to whether a complaint filed in the name of H or I has been filed);

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Act on Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) (amended by Act No. 10967, Jul. 25, 201)

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

1. Selection of each alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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