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(영문) 부산지방법원 2013.12.19 2013고정4833
근로기준법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an actual operator of Gangseo-gu Busan Metropolitan Government C located in Gangseo-gu and is an employer who conducts the business of manufacturing shipbuilding machinery and equipment using one regular worker.

When a worker dies or retires, the employer shall pay the wages, premium, and all 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 if special circumstances exist.

Nevertheless, the Defendant did not pay the total amount of KRW 2,520,00 in March 1, 2013, which was retired on April 1, 2013, and KRW 346,370 in October 14, 2013, and KRW 2,66,66,60 in November 14, 2012, KRW 2,66,66,660 in December 2, 2013, KRW 2,66,66,60 in January 2, 2013, KRW 1,634,60 in February 1, 2014, KRW 2,634,66,60 in March 20, KRW 266,666,60 in March 20, KRW 2012, KRW 26,666,60 in March 26, 2013, KRW 605,6031,747,781.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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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