logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.10.24 2013고정3213
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Landong-gu 505 Seoul Special Metropolitan City C building 4) in Busan Special Metropolitan City, who has operated software development business with six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables in whole within 14 days after the cause for such payment occurred.

Provided, That where special circumstances raise an objection, the date may be extended by an agreement between the parties.

Nevertheless, the above workplace had worked as a program developer from June 10, 201 to January 31, 2013, and had retired from the workplace, and had not paid KRW 26,781,30 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, as stated in the list of crimes in the attached Table, including KRW 2,40,000 in December 2012, and KRW 2,400 in January 2, 2013, KRW 5,701,790 in total, and KRW 12,901,790 in total, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each written petition;

1. Application of Acts and subordinate statutes regarding account transaction details, such as the statement of wages, confirmation of subscription details for pension calculation, etc. in April 2012;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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;

arrow