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(영문) 인천지방법원 부천지원 2014.10.08 2014고정783

근로기준법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution C in Kimpo-si, who is an employer who operates the manufacturing business by employing 11 full-time workers.

The Defendant had worked from December 20, 2010 to February 8, 2013 at the same place of business and retired from the said place of business, and failed to pay KRW 5,529,70 in total and KRW 5,70 in retirement pay and KRW 5,509,71,598 in total, including KRW 1,628,30 in December 2, 2012, and KRW 290,30 in January 2, 2013, and KRW 1,61,140 in wages on February 20, 2013, and KRW 5,091,598 in total, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Calculation details of retirement allowances, application of Acts and subordinate statutes on delayed payments;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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