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(영문) 인천지방법원 2020.11.19 2020고단3632
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who operates a building management business, etc. using 70 full-time workers at the G Co., Ltd. located in Yeonsu-gu Incheon Metropolitan City F.

1. Wages in violation of the Labor Standards Act shall be paid in full to workers in currency at least once a month on the fixed date;

Nevertheless, the Defendant, from September 1, 2019 to December 2, 2019, did not pay the wages of KRW 6,600,000,00 in total, from September 1, 2019 to August 15, 2019, and from August 15, 2019 to December 2019, the wages of KRW 13,20,000, which the Defendant worked in the said workplace from September 1, 201 to December 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the defendant is working in the above workplace from May 31, 2018 to December 16, 2019.

5,574,598 of retirement allowances of the retired J was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Each statement;

1. A written petition;

1. Application of Acts and subordinate statutes to each employment contract, each fact-finding certificate, each statement of arrears, each statement of retirement pay, and each statement of salary;

1. Article 109(1) and Article 43(2) of the Labor Standards Act (which means the payment of regular wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of unpaid retirement benefits), and the choice of fines for each crime;

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the order of provisional payment under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 45 million won;

2. Determination of sentence: The circumstances favorable to a fine of KRW 2 million are shown to reflect upon the recognition of all of the instant crimes.

unpaid wages and.

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