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(영문) 인천지방법원 2015.02.12 2014고정3548
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

The defendant is the representative of D in Incheon C and is an employer who runs a construction business by employing 20 full-time workers.

The defendant shall work in the above workplace from March 21, 2005 to October 5, 2013.

Retirement allowances for retired workers E, 6,859,960 won and retirement allowances from August 20, 2007 to November 11, 201, and from March 4, 2013 to January 29, 2014.

A total of 13,399,290 won of retirement allowances for retiredF (retirement allowances of 4,012,200 won from August 20, 2007 to November 11, 201, retirement allowances of 9,387,090 won from March 4, 2013 to January 29, 201), wages of 3,000,000,000 won for December 2013, 200, wages of 3,00,000,000 won for wages of 3,00,000,000 won for January 20, 2014, and wages of 3,00,000,000 won for wages of 3,00,000 won for February 27, 2014, total of 209,259,250 won for retirement allowances of 20 days from the date of agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 (1) and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The Defendant, as the representative of D in Incheon C, is an employer who runs a construction business by employing 20 full-time workers.

Defendant shall work from April 16, 2012 to May 31, 2014.

Retirement allowance of B 5,91,190 won, wage of 2,80,000 won on February 2, 2014, wage of 2,80,000 won on March 2, 2014, KRW 2,800,000 on April 4, 2014, KRW 2,800,800 on May 2, 2014, KRW 17,733,125 on June 5, 2014, and KRW 17,73,125 on June 1, 2014, were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. The facts charged in this case are subject to Articles 109(1), 36, and 10 of the Labor Standards Act.

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