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(영문) 인천지방법원 부천지원 2014.02.06 2013고단3242
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of the Sincheon-gu B building 502, who is an employer who operates the construction business by employing three full-time workers as the representative of the Sincheon-gu B building.

The Defendant did not pay KRW 42,158,180,00 from the date of retirement within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties, as stated in the attached Form, including KRW 904,521 of the wages and retirement allowances of two workers, as well as KRW 42,158,180, in total, of the wages and retirement allowances of two workers D, who were employed at the same workplace around June 3, 2013 and retired from office from February 14,

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. Each written statement of D and E;

1. A written petition;

1. The application of statutes governing the calculation of average wages and retirement allowances, certificates of payment, statements of payment, wages payment, and written confirmations of delayed payment;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

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