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(영문) 부산지방법원 2014.02.06 2013고정5226
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 an employer who is a representative director of the Busan Jung-gu architect office, Busan Jung-gu, who runs a service business (a certified architect) by using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, around March 2013, the Defendant did not pay the total of KRW 11,67,000 from the date of retirement to the 14-day period from the date of the retirement without agreement between the parties concerned, as shown in the attached Form, including the amount of KRW 1,50,000, which worked as a construction designer from December 1, 2011 to February 28, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Application of Acts and subordinate statutes, such as a written confirmation of the facts of a petition case (seven pages of investigation records), a written confirmation of the non-payment of the unpaid amount (10 pages of investigation records);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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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