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Reasons
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(영문) 부산지방법원 서부지원 2019.08.21 2018고단2749
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of G Co., Ltd. located in Busan Gangseo-gu (hereinafter referred to as the “instant place of business”) and is an employer who is engaged in the automobile parts manufacturing business by using 25 full-time workers, and was working in the instant place of business from August 17, 2018 to August 31, 2018 and retired from H as wages57,378 won in August 16, 2018, and (2) from May 16, 2017 to August 31, 2018, and did not pay the amount of KRW 617,598 in May 1, 2018, KRW 208, KRW 1,50, KRW 183 in June 1, 2018, KRW 1,350 in August 1, 208, KRW 185, KRW 1,350 in August 8, 2018, KRW 37,4537,518.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

1. Application of Acts and subordinate statutes governing the settlement of accounts for retirement allowances, a petition, a business registration certificate, a copy of payment status, a retirement allowance calculation status, a withholding receipt, annual allowance settlement;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, considering the fact that the amount of unpaid wages and retirement allowances has not been small due to the instant crime, it is necessary to strictly punish the Defendant.

However, all of the crimes of this case are committed by the defendant.

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