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(영문) 부산지방법원 2013.12.06 2013고정3484
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, a person who runs a construction business under the trade name “C” in Busan Jung-gu, is a user who runs a construction business with six full-time workers who was awarded a contract for or directly hired for the use of security at the E market located in Busan-gu, Busan-do, the construction of a major complex facility in front of the E market located in Busan-gu, Busan-gu, and the construction business.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the defendant shall have from April 20, 2012 at the construction site in the above D.

5. G’s wage of 465,00 won up to April, 5, 200, H’s wage of 515,000 won, I’s wage of 285,000 won, J’s wage of 270,000 won, and this F’s work site from July 22, 2009 to the above F work site;

H. By August 13, 200, K’s wages of 1,730,000 won for workers who worked on the other day and the unused day, and from December 19, 201 to December 26, 201, the security service amounting to KRW 3,565,000 for more retired L’s wages, including KRW 70,000,000, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement to G, L, or K;

1. Application of respective Acts and subordinate statutes to written complaints and written complaints;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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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