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(영문) 인천지방법원 2016.02.02 2016고정73

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the management committee of the Dispute Resolution Co., Ltd., which had D 615 in Bupyeong-gu Incheon Metropolitan City, who employs four full-time workers and operates a manufacturing business (production of semiconductor manufacturing machinery control program).

From April 25, 2011 to April 9, 2015, the Defendant did not pay KRW 2,500,000 in December 2014 to F retired workers who were employed in the said workplace, and KRW 2,500,00 in January 2015, KRW 2,50,000 in February 2015, KRW 2,50,000 in March 2015, and KRW 749,80 in April 2015, KRW 10,749,80 in total and KRW 9,915,177 in April 2015, within 14 days from the date on which the cause occurred without agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant did not pay KRW 1,750,00 as wages in April 3, 2015, and KRW 1,750,000 as wages in May 2015, and KRW 1,750,750,00 as wages in June 1, 2015, and KRW 5,250,00 as retirement allowances and retirement allowances and KRW 2,432,560 as wages in June 2015, within 14 days from the date on which the cause for payment occurred, without agreement on extension of the payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, Article 44 of the Workers’ Retirement Benefit Security Act, and Article 44 of the latter part of the Workers’ Retirement Benefit Security Act.

According to the records, the victim B withdraws his wish to punish the defendant.