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(영문) 부산지방법원 동부지원 2015.10.14 2015고정585
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, wages payable to D and E are unpaid.

Reasons

Punishment of the crime

The defendant is an employer who runs the manufacturing industry (electric components) with three regular workers, who is the representative director of Busan Shipping Daegu and G (main) 1607.

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, the Defendant, at the foregoing place of business, has been engaged in DNA fishing from June 2, 2014 to October 24, 2014.

A retired I's wage of KRW 2,645,160 on October 2014 was not paid 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. Application of the Acts and subordinate statutes governing witness I’s legal statement;

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(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;

1. The portion not guilty of a suspended sentence under Article 59(1) of the Criminal Act (see, e.g., first offense, reflectivity, full deposit, etc.); the suspended fine of KRW 500,000);

1. The summary of the facts charged is the user who runs the manufacturing industry (electric components) using three regular workers as the F building in Busan Shipping Daegu and the G (main representative) representative director in G (G) located in 1607.

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, the Defendant, at the foregoing place of business, has been engaged in DNA fishing from January 1, 2014 to October 20, 2014.

A retired D's work as wages of 3,763,440 won and 3,763,440 won on October 2014

The retirement E's wage of 2,688,170 won on October 2014 shall be 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

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