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(영문) 인천지방법원 2014.11.21 2013고정4038
근로기준법위반
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Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. in Nam-gu Incheon Metropolitan City D and is a user who runs the cosmetics manufacturing business using six regular workers.

The Defendant did not pay the sum of the F’s wages of KRW 1,550,00 in December 3, 2012, and KRW 3,210,00 in January 1, 2013 and KRW 3,210,00 in January 4, 2013, and KRW 1,50,00 in March 4, 2013 to May 31, 2013, respectively, of KRW 4,50,00 in total of wages of two workers, including KRW 7,710,00 in total of wages of KRW 4,50,00 in the period from March 4, 2013 to May 31, 2013, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. A written statement of F and G;

1. Application of the relevant Acts and subordinate statutes to H’s written statement;

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

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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged in this part of the facts charged was that the Defendant worked at the place of business of the said stock company E from December 7, 2012 to June 30, 2013, and did not pay KRW 27,479,032 in total, including the total amount of KRW 4,500,000,000, every month from January 2013 to June 2013, as well as KRW 27,479,032 in total, including the total amount of KRW 4,50,000,000, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. The defendant's evidence that corresponds to the user of the deceased C (hereinafter "the deceased"), the deceased's accusation statement, the deceased's authenticity, the witness I's legal statement, the witness I's statement, the benefit payment angle (10 pages of investigation record), and the career certificate (11 pages of investigation record), etc. In particular, the above benefit payment angle includes "name: C and the above person."

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