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(영문) 부산지방법원 동부지원 2017.01.23 2016고정827
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a full-time worker of 10 full-time workers in the name of "C" located in the Busan Young-gu, Busan, and is an employer who runs a fishery business in human body at the remodeling site of a restaurant located in D.

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, who retired from the above construction site from January 7, 2014 to January 20, 2015, did not pay KRW 200,000 as wages of January 7, 2014 and KRW 1,900,000 as wages of January 7, 2015 to January 27, 2015 without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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