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(영문) 부산지방법원 2013.08.16 2013고정138
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a user who runs steel wholesale and retail business using one full-time worker in the name of the Defendant’s “C” as referred to in B 4 and 20, Busan-gu.

The defendant is working for production workers from February 27, 2006 to March 10, 2012 at the above workplace.

D's wages of KRW 2,00,000 for February 201, the wages of KRW 2,00,000 for February of the same year, the wages of KRW 645,161 for March of the same year, and KRW 416,60 for nine months each month from June of 201 to February of 2012, the total amount of KRW 3,749,940 for nine months, including retirement allowances of KRW 525,710 for retirement allowances, and KRW 10,920,841 for 14 days from the date of the occurrence of the cause for payment without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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. 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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