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(영문) 인천지방법원 2015.11.27 2015고정3198
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a restaurant with 180 full-time workers as the representative director of C, a company located in the wife B, in Yongsan-si.

The Defendant, while working in Seo-gu Incheon Metropolitan City D from January 10, 2014 to January 16, 2015, operated by the said workplace, did not pay KRW 10,287,094, total wage of four workers within 14 days from each retirement date without any agreement between the parties on the extension of the due date, as stated in the attached list of crimes, including KRW 2,722,580, retired from office.

The Defendant did not pay 4,258,782 won in total, including the above E retirement allowance of 1,395,830 won, within 14 days from the date of each retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each statute of G, E, and H;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

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

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

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