logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.22 2014고단8316
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the manufacturing industry as a representative by using nine full-time workers in Nam-gu Incheon Metropolitan City. From May 2, 2013 to May 15, 2014, the Defendant worked in the above workplace and did not pay the wages and retirement allowances for three retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the attached crime list 5, 8, and 9, including the retirement allowances of KRW 4,50,000, retirement allowances of KRW 3,670,640, which were retired from the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. E and eight authentic copies (D, F, G);

1. Application of Acts and subordinate statutes to a true representative statement (including a detailed statement of overdue payments);

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the selection of fines for each crime;

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

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

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

1. According to Article 334(1) of the Criminal Procedure Act, the amount due to the sentencing of Article 334(1) of the provisional payment order shall be determined as follows: (a) the Defendant has no record of punishment; (b) the employees seize part of the Defendant’s property; and (c) the Defendant recognizes and reflects the instant crime.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant is a representative of C who employs nine full-time workers at the Nam-gu Incheon Metropolitan City and is engaged in the manufacturing industry. From May 2, 2013 to May 15, 2014, the Defendant worked at the above workplace and did not pay wages and retirement allowances for six retired workers within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned, as stated in attached crimes list 1, 2, 3, 4, 6, 7, including retirement allowances of KRW 23,10,000,000, retirement allowances of KRW 4,333,80, and retirement allowances of KRW 4,80.

2. Determination:

arrow