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(영문) 인천지방법원 2014.09.25 2014고정2257
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C (ju) in the building 302 in Si interest-si, who runs a construction business with 15 full-time workers.

1. From January 13, 2013 to August 15, 2013, the Defendant failed to pay the total amount of KRW 37,344,648 of the wages of 7 workers, as shown in the separate crime list, within 14 days from the date of retirement, as well as KRW 2,10,000,00, working at the construction site of the new construction site of the building D, Bupyeong-gu Incheon Metropolitan City, Incheon, Bupyeong-gu, as well as KRW 2,10,00 in June 2013.

2. From July 1, 2012 to August 16, 2013, the Defendant did not pay KRW 3,312,686 of F’s retirement allowances working at the aforementioned construction site within 14 days from the date of retirement without any agreement on extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a petition;

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

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. 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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