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(영문) 인천지방법원 부천지원 2014.01.15 2013고정2090

근로기준법위반

Text

Defendant shall be punished by a fine not exceeding 1.2 million won.

Where 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 runs a gold business using 13 full-time workers at the home-si, Seocheon-si, Nowon-gu, and the Defendant works in the said workplace from December 14, 201 to July 30, 201, D’s wage of 300,000 won in May 14, 201, wage of 783,000 won in June, 2013, wage of 631,000 won in July, and retirement allowance of 2,215,81 won in total, of 3,815,81 won in 3,815,881 won in April 28, 201 to July 23, 2013. < Amended by Act No. 11904, Jul. 23, 2013>

The retired E's wage of 3,00,000,000 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the payment due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each of the written statements prepared D and E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Labor Standards Act due to a failure to pay wages to D, between violations of the Guarantee of Workers' Retirement Benefits Act due to a failure to pay wages, and a punishment imposed on a violation of the Guarantee of Workers' Retirement Benefits Act with heavier punishment);

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;