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(영문) 부산지방법원 2019.05.15 2019고정395
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who runs the wholesale and retail business of engines, day-day additives, using one full-time worker as the representative of the CM's business office located in Busan Geum-gu B.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 had worked from June 16, 2017 to July 31, 2017 at the above workplace and had retired from the said workplace, and had not paid the total of KRW 2,612,440 in June 2017, and KRW 2,612,440 in July 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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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