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(영문) 부산지방법원 2015.12.03 2015고단2327
근로기준법위반
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 employs 15 full-time workers as a real manager of C located in Busan Seo-gu B and has had them engage in the repair business of ships.

On March 3, 2014, while serving as an employee in the foregoing company, the Defendant did not pay KRW 2,390,000 on March 16, 2014 of D’s retired workers on May 16, 2014, wages of KRW 3,50,000 on April 4, 2014, wages of KRW 1,960,000 on May 5, 2014, and KRW 7,850,000 on a total, within 14 days from the date of retirement without agreement on extension of the due date.

In addition, the Defendant did not pay 23,50,000 won in total for three workers as stated in the attached Table Nos. 20, 22, and 23, as well as the attached Table Nos. 20, 22, and 23, within 14 days from each retirement date without agreement on extension of the payment

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes certifying the closure of business;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is an employer who employs 15 full-time workers as actual managers of C in Busan Island B and has them engage in the repair business of a ship.

On March 3, 2014, the Defendant was employed by the foregoing company and worked as an entertainment, and on May 15, 2014, the Defendant did not pay KRW 2,405,00 on March 3, 2014, wage of KRW 2,405,00 on April 15, 2014, wage of KRW 1,365,00 on May 5, 2014, and KRW 6,695,00 on total, within 14 days from the date of retirement without any agreement on extension of the due date.

The Defendant, as stated in the attached Form Nos. 1 through 19, 21, as well as the attached Form Nos. 1 to 19, 21,00 won for total wages of 20 workers, shall be 14 days from the date of each retirement without any agreement on extension of payment period with workers.

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