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(영문) 인천지방법원 부천지원 2017.04.13 2017고단64
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the representative of “C” located in Bupyeong-si, is an employer who engages in retail business for mobile phones using full-time workers, and was working at the above workplace, and did not pay KRW 350,000 of wages of retired workers D on August 24, 2016 within 14 days from the date of the above retirement without agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes (List 5);

1. Relevant laws and Articles 109(1) and 36 of the Act on the Criteria for Selective Labor, and fines concerning facts constituting an offense (the confession, serious reflectivity, and bad faith payment of wages shall not be seen as delayed payment of wages, and the recovery of damage shall be deemed as having been recovered);

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On January 28, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (personal information leakage, etc.) at the original branch of the Chuncheon District Court’s original branch, and the said judgment became final and conclusive around May 19, 2016.

As the representative of the above "C", the defendant is an employer who runs the retail business of mobile phones. The defendant was working at the above workplace and did not pay 1350,000 won of wages E of workers E retired around February 24, 2016 within 14 days from the above retirement date without an agreement on the extension of the payment date, and the defendant did not pay 23,098,891 won of wages of 15 workers as shown in the annexed crime list from around that time to October of the same year without any agreement on the extension of the payment date between the parties.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. Around April 2017, a public prosecution had been filed, a non-application for the punishment of the above workers.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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