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(영문) 인천지방법원 2014.08.22 2014고정1445
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the D representative in Gyeyang-gu Incheon, who runs the manufacturing industry with three regular workers. A.

피고인은 위 사업자엥서 2003. 11. 1.부터 2013. 7. 31.까지 근무한 E의 2012. 10. 임금 100,000원, 2013. 1. 임금 2,700,000원, 같은 해

3. Wages of 1,700,000 won, and the same year.

5. Wages of 2,700,000 won, and the same year.

7. A total of KRW 8,593,548 was not paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

B. The Defendant did not pay KRW 17,548,390 of E retirement pay at the same place of business from November 1, 2003 to July 31, 2013 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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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