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(영문) 부산지방법원 2016.02.03 2015고단5972
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as an employer who employs five full-time workers on the fifth floor of Busan Central District B Building and operates (main week), was the employer, and the employer paid all money and valuables, such as wages and retirement allowances, within 14 days from the time when the cause for such payment occurred, even though he/she paid such money and valuables within 14 days from the time when the worker died or retires, on November 30, 2014, the Defendant did not pay 52,96,760 won, including the total wages of 22,225,170 won, retirement allowances, and 30,71,590 won, from June 30, 2014 to November 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A true statement of the draft D;

1. Application of Acts and subordinate statutes to a petition, a source collection receipt of retirement income / payment statement, a benefit ledger, a fact verification, such as telephone, business registration certificate, and a report on investigation results;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Optional fine;

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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