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(영문) 인천지방법원 2015.06.19 2015고정1484
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a manager of the C company located in Namdong-gu Incheon Metropolitan City, who runs the clothing manufacturing business using 15 full-time workers.

The Defendant, as described in the attached Form, did not pay KRW 19,106,70,00, total amount of seven workers’ wages, including KRW 5,700,000,000, in total, of the wages of September 1, 2014 and the wages of KRW 2,700,00,000 from October 9, 2014 to November 28, 2014, respectively, within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the due date between the parties, as stated in the attached Form.

2. The Defendant, at the place of business indicated in paragraph (1), was employed from July 16, 2013 to November 28, 2014, and was not paid KRW 4,140,381, including the retirement pay 1,286,013 of retired workers E, within 14 days from the date of the occurrence of the cause for payment without agreement between the parties to the relevant contract on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement concerning D;

1. Application of Acts and subordinate statutes to D and seven petitions;

1. Article 109 (1) of the Labor Standards Act (the point of payment of wages), Article 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances) applicable to criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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