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(영문) 부산지방법원 2016.05.12 2016고정301
근로기준법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a user who runs a construction business with three full-time workers in the trade name of the company D Co., Ltd. in Busan East-gu C Building 506.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 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 did not pay KRW 3.6 million wage of June 1, 2015, KRW 2.250,000, KRW 22500,000, and KRW 2.2,2420,000 of G who worked for the fire-fighting equipment installed from June 1, 2015 to July 28, 2015 in performing the fire-fighting construction works among the construction works for the neighboring life in Seo-gu Busan Island at the same construction site, and KRW 3.6 million from June 1, 2015 to June 29, 2015 to G who worked for the period from June 1, 2015 to July 9, 2015, KRW H’s wage of KRW 2,092,50, the total amount of wage of KRW 607,500,000,000 from June 1, 2015 to June 9, 2015, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of F, G, and H;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Punishment) of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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