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(영문) 인천지방법원 2015.08.27 2015고정1725
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a steel machinery manufacturing business using seven full-time workers in the Dong-gu Incheon Metropolitan City Adong-dong 305.

1. When a worker dies or retires, the employer shall pay the wages, compensations, 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 did not pay the total of KRW 18,734,300 to the above workplace 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 Form, including KRW 3,500,00 of the C’s wages on August 8, 2013, which he/she worked for a period from April 5, 2012 to December 31, 2013.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen 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 did not pay the total amount of KRW 6,73,370, as well as KRW 5,454,670, who worked for a period from April 5, 2012 to December 31, 2013 at the above workplace, within 14 days from the date of occurrence of the cause of payment, without any agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to the statement statement of D and C;

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); and

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

1. Selection of an alternative fine for punishment;

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

1. The detention at a workhouse on May 1, 2014 of the former Criminal Act.

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