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(영문) 인천지방법원 부천지원 2017.02.09 2017고정69

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the representative of the “C” in Bupyeong-si B, is an employer who runs the manufacturing business by employing one full-time employee. On March 28, 2015, the Defendant did not pay the amount of KRW 1,354,838 of the wages and retirement allowance of KRW 4,923,284 of the employee D who retired from office around March 28, 2015, within 14 days from the date of the above retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records of border statement (including list 2 and accompanying documents) to D;

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

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

1. Optional fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The victim suffered a large amount of damage exceeding the total amount of the above payments due to the confession of reasons for sentencing and the victim's actualization of the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, and the above damage seems not yet to have been compensated.