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(영문) 부산지방법원 2013.09.26 2013고정3394
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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 manager who is operating wholesale and retail business with five regular workers under the trade name of Busan Jin-gu B, Busan, as the trade name of No. 202. C.

When a worker retires, the employer shall pay all money and valuables, such as wages, 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 2,938,870 won, including two workers, including the sum of D’s wage of 1,253,050 won for June 2012, which was worked in charge of accounting from March 8, 2012 to July 6, 2012, wages of 385,820 won for July 2012, and E’s wage of 400,000 won for June 1, 2012 to July 27, 2012, and wages of 90,000,000,000 won for July 2012, to 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

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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