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(영문) 부산지방법원 2016.10.20 2016고정1148
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual representative of the (State)C located in Busan Shipping Daegu, who has been engaged in construction business by using 30 full-time workers.

From April 2, 2013 to April 28, 2013, the Defendant did not pay 49,271,500 won, in total, for 22 employees, within 14 days from the date of retirement, as stated in the attached Form, as well as for D’s wages of 3,100,000 won on April 4, 2013 and retired from office, as well as for D’s wages of 22 employees, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

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 of the provisional payment order;

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