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(영문) 인천지방법원 부천지원 2014.03.27 2013고단3268
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the representative of C and C in the 3th floor of Bupyeong-gu Seoul Special Metropolitan City B building, and is the employer who operates the clothing manufacturing business by employing 15 regular workers. The defendant works from November 1, 199 to July 24, 2012 at the above workplace.

A retired victim E, including 6,167,183, annual allowances, 1,894,736, retirement allowances, 10,840,721, and 18,902,640, the sum of 18,940,640, and 640, were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal complaint, a statement of calculation of average wages and retirement allowances, each commuting card, each statement of transactions, copies of each passbook, each average wage and retirement allowance calculation, and a criminal investigation report;

1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

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

1. Imprisonment with prison labor for choice of punishment;

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

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