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(영문) 부산지방법원 2015.01.14 2014고단5228
근로기준법위반등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, a daily allowance shall be made.

Reasons

Punishment of the crime

The Defendant is a person who actually operates K in Busan IslandJ and is an employer who is engaged in the manufacturing industry with 30 full-time workers on the trade name.

The Defendant, from April 15, 2013 to December 31, 2013, failed to pay the total of KRW 4,547,025 of the wages of retired workers while working in the pertinent workplace from around December 15, 2013, as indicated in the details of the money and valuables in arrears for each individual (excluding No. 13, 15, 17, 20, 22, 22, and 26 once a year), did not pay KRW 89,92,035 of the wages and retirement allowances of 20 workers within 14 days from the date of retirement, without agreement on extension between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to L, M, or N;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine of punishment (the substitute payment and the distribution of the auction procedure for real estate owned by the defendant are completely recovered from the damage to workers, and the Korea Labor Welfare Corporation has recovered the amount of substitute payment paid, etc.);

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

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. The summary of the facts charged is a person who actually operates K in Busan Seo-gu J, and is an employer engaged in the manufacturing industry by employing 30 full-time workers in his trade name.

The Defendant worked in the said workplace from August 17, 2012 to February 11, 2014, and worked in the said workplace as a total of 7,59,820 won, and 12,843,760 won, and 12,843,760 won, and 2,000 won, in total, of wages and retirement allowances of workers E who retired from the said workplace from the said workplace from October 1, 2012 to February 11, 2014.

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