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(영문) 인천지방법원 2016.09.01 2016고정1911
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a C representative of the Bupyeong-gu Incheon Bupyeong-gu B building 302 and is an employer who engages in restaurant (simplified store) business using four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from September 5, 2015 to October 30, 2015 at the above workplace.

A retired worker D shall work for 1,459,677 won in October 2015, or for 1,459,677 won in September 1, 2015 to October 28, 2015.

Retired Workers E shall work for 1,096,774 won, August 28, 2015 to October 30, 2015.

The retirement worker F's total amount of 2,796,451 won in arrears against three retired workers, including wages of 240,000 won in October 2015, did not pay 2,796,451 won in arrears within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Application of Acts and subordinate statutes concerning details of each benefit passbook;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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