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(영문) 부산지방법원 2013.10.10 2013고단2917
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2013 Highest 2917] The defendant is the representative of the Cmate in Gangseo-gu Busan Metropolitan City, who is an employer who runs a part-time retail business using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, around March 2013, did not pay KRW 1,500,000 for the monthly wage of 1,50,000 of the worker D retired on February 15, 2013 within 14 days from the date of his/her retirement, as indicated in the [Attachment] 2, 3, 10, 11, 16, 21, 23, 24, as indicated in the [Attachment] list of crimes committed, from November 2012 to February 2013, the Defendant did not pay KRW 11,273,90 for the total wages and retirement allowances of eight workers within 14 days from the date of his/her retirement.

[2013 Highest 3205] The defendant is a representative of Fmate in Busan Ho-gu E, and is an employer who has engaged in wholesale and retail business with ten full-time workers.

around December 13, 2012, the Defendant worked for the said company as an employee from January 2, 201 to November 28, 2012, and did not pay KRW 16,000,000 in total, and KRW 5,660,470 in retirement allowances from November 28, 201 to November 2012, and KRW 16,660 in retirement allowances from December 20, 201 to November 28, 201, and did not pay KRW 1,090 in total, and KRW 2,00,000 in retirement allowances from November 20 to November 28, 201, and paid KRW 1,00 in total, within 30,00 in retirement allowances from the date of retirement to November 28, 2012, and did not pay KRW 1,00,000 in total, within 30,015,00 in retirement allowances from the said company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to J and G;

1. Each statement of K, L, M, D, H, and I;

1. A complaint and a petition;

1. A written confirmation of facts, such as telephone;

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