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Reasons
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(영문) 부산지방법원 2013.05.09 2013고정758
근로기준법위반등
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employer who is a person in charge of business management of (ju)C that operates a communications construction business with four regular workers on the first floor of the 7-dong B Apartment-gu Busan, Busan.

1. Where an employee retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the employer did not pay the wages of 1,103,225 won in August 1, 201 through August 18, 2012, and E-based wages of 1,103,225 won in March 26, 2012 to September 15, 2012, including 1,70,000 won in August 26, 2012, and 850,000 won in September 8, 201, and 2.550,000 won in total, 3,653,225 won in arrears of two workers within 14 days from the date when the cause for payment occurred without an agreement between the parties concerned regarding the extension of the payment period.

2. When a worker retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, but the employer did not pay the retirement allowance of KRW 1,113,860 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties concerned

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written calculation of average wages and retirement allowances;

1. Application of each statute on filing of a complaint;

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

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

1. Selection of each 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 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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