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(영문) 인천지방법원 부천지원 2017.01.12 2016고정1472

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 C representative in Kimpo-si, who runs the manufacturing industry by using two full-time workers.

On October 7, 2015, the Defendant did not pay KRW 10,895,00 as well as KRW 7,386,530 as well as KRW 10,895,00 as well as KRW 7,386,530 as well as KRW 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A copy of the petition, average wage, and retirement allowance statement, a copy of each payment statement, payment details, payment records, and attendance record (which cannot be arbitrarily excluded by the parties concerned, and the employee renounced his/her claim for retirement allowance after retirement;

In full view of all the circumstances, such as the fact that there is no reason to view that the Defendant paid the monthly wage to the employee and the amount equivalent to the national pension paid to the employee, and that there is no evidence to support that the Defendant separately deducted the four-year insurance from the wage, the Defendant did not pay the wages and retirement allowances equivalent to

[Judgment of the court below]

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparag. 1, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of each fine for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;