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(영문) 인천지방법원 부천지원 2017.05.18 2017고정376
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the actual manager of C Co., Ltd. located in Kimpo-si, is an employer who employs full-time workers and engages in the distribution business. The Defendant did not pay 2.2 million won of D wage of retired workers around June 25, 2015, KRW 8 million of E’s wage, KRW 6.4 million of workers F’ wage, and KRW 4.5 million of G’s wage of retired workers around November 7, 2015, within 14 days from each of the above retirement dates, without any agreement on extension of payment dates.

Summary of Evidence

1. A protocol concerning the examination of suspect against the defendant (list 1);

1. Protocols of respective descriptions of E, F, G, and D (List 7,12);

1. Application of the details of benefits payment (List 8), the details of unpaid (List 9), and the legislation of the head of the Tong (List 13);

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. Each selective fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides for the order of provisional payment.

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