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(영문) 부산지방법원 2015.04.09 2015고정1
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the employer who is the representative of C Co., Ltd. located in Busan Seo-gu, and employs three full time workers and operates the electrical construction business.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, on April 2014, the Defendant is working as a field management employee from January 22, 2014 to April 7, 2014.

D's total wages of KRW 500,000 for March 2014 and KRW 1,200,000 for April 2014 were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the Acts and subordinate statutes on the statement of labor inspector to D;

1. Article 109 (1) and Article 36 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., the amount of the overdue wages in this case, the fact that the defendant has paid the full amount of the overdue wages to the victimized workers after an indictment, the fact that there is

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