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(영문) 부산지방법원 2016.10.28 2016고단4908
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who has engaged in secondary management business using 2,50 commercial workers under the trade name of 107, 201, such as the Daegu Seo-gu LH award 107, 201.

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

Nevertheless, from February 1, 2014 to August 23, 2015, the Defendant is working under the said “E”.

LI's wages of retired workers amount to 341,930 won and retirement allowances amount to 3,314,320 won, and from February 1, 2014 to August 23, 2015, work under the above E.

LJ's wages of 325,800 won and retirement allowances of 3,157,740 won, and from February 1, 2014 to August 23, 2015, employees shall work under the above E.

The retired worker did not pay 2,152,950 won of retirement allowance of LK within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of complainants;

1. Application of Acts and subordinate statutes to the confirmation details of fact, such as telephone, etc. (No. 9 through 11);

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to pay retirement allowances);

1. Articles 40 and 50 (Offences of the Labor Standards Act against LI and the violation of the Guarantee of Workers' Retirement Benefits Act, between the LJ's violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and punishment prescribed for each crime of violation of the Guarantee of Workers' Retirement Benefits Act with heavier penalty);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Guarantee of Workers' Retirement Benefits Act, which is the largest penalty);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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