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(영문) 부산지방법원 동부지원 2017.04.28 2017고정321
근로기준법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is an employer who operates a ship design service business in the second floor of the Busan Suwon-gu building B, which is the trade name of the Co., Ltd., and, from January 1, 2008 to January 31, 2016, the defendant served as a design position at the above company's design office and retired from D's annual leave allowances of 1,715,152 won, retirement allowances of 11,524,045 won, and 13,239,197 won, and from January 1, 2008 to March 23, 2016, and did not pay retirement allowances of E's retirement allowances of 13,584,213 won, including total retirement allowances of 26,823,410 won, and 26,823,410 won from the date of retirement without an agreement between the parties on the extension of payment period between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, F, and E;

1. Application of Acts and subordinate statutes to each labor contract, a detailed statement of wages, and a detailed statement of annual allowances;

1. Article 109(1), Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (a violation of the duty to liquidate gold) concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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. Articles 70 and 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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