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(영문) 인천지방법원 부천지원 2015.05.14 2014고단1101
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant, as the representative of Kimpo-si C (State) D located in Kimpo-si, is an employer who has run a recycling goods screening business using eight full-time workers.

The Defendant did not pay KRW 1,00,000 to workers E who worked in the said workplace from August 1, 2013 to August 24, 2013 without an agreement between the parties on the extension of the due date, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. E-fact confirmations;

1. Application of each Acts and subordinate statutes reporting criminal facts;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the Category D located in Kimpo-si, is an employer who runs a recycling goods screening business using eight full-time workers.

The Defendant, from May 1, 201 to January 31, 2014, failed to pay the total amount of KRW 8,868,919 of wages and retirement allowances of workers F who worked in the said workplace from May 1, 2010 to January 31, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, as stated in the detailed statement of the money and valuables in arrears in the attached Form No. 1 to 10,12, and 15, 76,714, and 478 of the wages and retirement allowances of 14 workers from the date of retirement, as stated in

2. Determination of applicable provisions of Acts: Article 109 (2) of the Labor Standards Act, Article 327 subparagraph 6 of the Criminal Procedure Act (the workers shall indicate their intention not to prosecute after the prosecution of this case);

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