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(영문) 부산지방법원 2016.12.14 2016고단6324
근로기준법위반등
Text

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 an employer who runs beauty education service business using eight full-time workers as the representative of the Busan Jin-gu F and 601 “G private teaching institutes.”

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 is working at the same workplace from December 2, 2014 to March 31, 2016.

In addition to the absence of an agreement on the extension of the due date for payment between the parties to the contract on the wages and retirement allowances of H 9,740,690 won, the retirement worker did not pay the total of 15,404,090 won of the wages and retirement allowances of 6 employees, such as H, I, J, K, K, L, M, etc., within 14 days from the date of the retirement without any agreement on the extension of the due date between the parties to the contract.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Details of the calculation of retirement allowances and application of Acts and subordinate statutes to the pay ledger;

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 violation of the obligation to liquidate money and other valuables), and Article 9 of the same Act;

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

1. Selection of each alternative fine for punishment;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. As seen in the facts charged, the Defendant, as the representative of “G Driving Schools”, is working at the pertinent workplace from June 1, 2013 to March 25, 2016.

Wages B of retired workers are 12,375,170 won not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, and four wages and retirement allowances of retired workers B, C, D, E, etc. in the attached list of crimes in the attached list of crimes shall be the due date for payment between the parties.

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