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(영문) 부산지방법원 동부지원 2014.11.26 2014고단724
근로기준법위반등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in Busan Shipping Daegu C and is the business owner and the user who is engaged in IT image production.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, he/she shall pay the retirement allowances within the same period.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Although the Defendant, from April 12, 2010 to around September 30, 201, retired from the company as an employee, paid all money, valuables, and other retirement allowances to the said company, the Defendant did not pay KRW 2,698,241 as well as KRW 60,039,976, total amount of wages and retirement allowances of 11 employees as stated in the attached list of crimes (1) as stated in the attached list of crimes (1), did not pay within 14 days from the date on which the cause for payment occurred, without any agreement on the extension of the due date between the parties or any other special circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of F, G, H, I, J, K, L, M, and N;

1. Application of Acts and subordinate statutes of E andO;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 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 an alternative fine for punishment;

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 former Criminal Act for the confinement of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the gist of the facts charged in this part of the dismissal of a public prosecution is as follows: the Defendant, as indicated in the annexed list of crimes (2) of this case, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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