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(영문) 인천지방법원 부천지원 2016.06.24 2016고정634

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates C Co., Ltd. in Kim Jong-si and engages in industrial machinery and appliances manufacturing business using seven full-time workers.

The Defendant did not pay four wages and two retirement allowances of four retired workers within 14 days from the date of retirement where the grounds for payment occurred, as stated in the list of crimes in attached Form, as well as D’s wages of 3,500,000 on November 1, 2015, which worked in the above workplace from November 20, 2014 to January 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of the suspect against the defendant;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that the worker does not pay gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the worker does not pay gold) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of the Labor Standards Act for the same worker and a violation of the Labor Standards Act of the Guarantee of Retirement Benefits of Workers);

1. Selection of each alternative fine for punishment;

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;