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(영문) 부산지방법원 2015.09.03 2015고정2519
근로기준법위반등
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 an employer who is a business operator who operates a salary-reinception processing business by employing seven full-time workers under the trade name called "C (no business registration is filed) in Busan-gu.

When a worker dies or retires, the employer shall pay the 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 the total amount of KRW 3,604,50 of D’s wages working from June 16, 2014 to December 24, 2014 at the above workplace and KRW 13,633,230 of the retirement workers’ four money and valuables, as shown in the attached Form, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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