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(영문) 인천지방법원 2016.10.07 2016고정1828
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C, who was in the Incheon Bupyeong-gu B or 102, and is an employer who operates the manufacturing business (Automatic Control Maintenance and Repair) by employing four regular workers.

When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and other money or 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 is working in the workplace from August 1, 2015 to November 11, 2015.

In September 2015, the amount of KRW 13,201,990, including the wage balance of KRW 1,105,300 for retired workers D, was not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date, as shown in the attached crime list for three retired workers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

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