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(영문) 인천지방법원 부천지원 2017.12.18 2017고정853

근로기준법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of Ulsan-gu (State) D in Ulsan-gu, who runs a construction business with 18 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked as a field warden from December 16, 201 to September 30, 2016 at the new construction site of Kimpo-si, Kimpo-si, and did not pay KRW 36,01,501,503 in total of retired workers F, G, and H’s wages of KRW 16,506,704, and F’s retirement allowance of KRW 17,350,083 as indicated in the attached crime list, as shown in the attached crime list, as well as KRW 16,50,70,187 in July 201, 201 of F, as well as KRW 16,506,704 in total of wages of retired workers, G, and H, and KRW 17,350,083 in total, as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the representative police who is the petitioner against F;

1. Application of the detailed statement of overdue wages, detailed statement of payment of daily labor expenses, mass transfer, calculation statement of each retirement allowance, details of overdue payment in the bank of a dispute, certificate of deposit transaction, each labor record, detailed statement of payment of early team labor expenses, copy of passbook, copy of passbook, and inquiry into the labor contents by the insured;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

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;