logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.07.15 2015고정3094
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant employs 10 full-time workers in Bupyeong-gu Incheon Metropolitan City, and written indictment in D Co., Ltd. is stated as E, but in light of the records of this case, it is corrected as it appears to be a clerical error in D.

is a user who operates the business.

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and shall pay him/her a retirement allowance within 14 days after the cause for such payment occurred.

1. The Defendant did not pay the total amount of KRW 9,293,205 of wages of five workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as stated in the attached crime list, as well as the amount of KRW 4,255,00 for workers F retired from the above workplace from around September 16, 201 to February 10, 2015.

2. The Defendant, at the above workplace, did not pay the retirement allowance of KRW 9,286,957 to the employee F, who retired from office from September 16, 201 to February 10, 2015 at the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as shown in the list of the attached crimes, including KRW 33,370,910.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made by the police against F, I, and J (investigative record 92 pages);

1. Statement made to K in the police statement;

1. A statement of the calculation of the retirement allowance (H), a statement of the calculation of the retirement allowance (F), a statement of the calculation of the retirement allowance (G), and a statement of the calculation of the retirement allowance (I);

1. Application of Acts and subordinate statutes on account details (K) and J account details;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

arrow