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(영문) 부산지방법원 2014.02.19 2013고정5424
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of C (State) in Busan-gu and is an employer who has been engaged in construction business, etc. by using eight regular workers.

1. The Defendant worked for the said company from November 1, 201 to August 12, 2012, and paid 12,416,660 won in total as wages of two workers, including 7,366,60 won, to E, who retired from the said company, within 14 days from the date of his/her retirement, without any agreement between the parties to the extension of the due date for payment.

2. From July 1, 2010 to July 31, 2011, the Defendant did not pay KRW 1,700,000 of retirement pay to retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition of E and D;

1. Application of Acts and subordinate statutes of E;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, the choice of punishment, and the choice of fines, respectively, under Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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