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(영문) 인천지방법원 부천지원 2019.01.11 2018고정793

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C in Kimpo-si, who runs a special motor vehicle manufacturing business using 17 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant had worked from June 24, 2013 to February 28, 2018, and had retired Sri Lankan countries, paid 21,327,154 won in total, as shown in the attached crime list, including 2,449,270 won on December 2, 2017, as well as 21,327,154 won in total, as stated in the attached crime list, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment period.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

The Defendant had worked from June 24, 2013 to February 28, 2018, and had not paid KRW 13,60,767, in total, KRW 13,700,767 of D retirement pay to employees of Sri Lankan countries, who were retired, and KRW 7,104,772, and retirement pay of employees E, KRW 6,495,95, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to certified corporate register;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order, the amount of the overdue wages in this case, the wages paid directly by the company run by the defendant or by insurance.