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(영문) 인천지방법원 2013.04.22 2013고정820
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. in the Namdong-gu B and the second floor in Incheon, who employs one full-time worker and operates manufacturing and wholesale and retail business.

1. The Defendant had worked from January 4, 2010 to October 31, 2012 at the same place of business and did not pay KRW 24,252,620 as the monthly wage of KRW 2,750,00 in February 2012, from March 201 to October 201, KRW 291,250 in year-end year-end refund in 201, KRW 629,680 in year-end year-end settlement refund in 201, KRW 514,940 in total, and KRW 741,750 in money and valuables, including other money and valuables, KRW 24,252,620 in total, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. The Defendant worked in the foregoing workplace from January 4, 2010 to October 31, 2012, and did not pay retirement allowance of KRW 2,583,345 from December 1, 2010 to October 31, 2012, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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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