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(영문) 인천지방법원 2015.11.17 2015고정2887
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C in Bupyeong-gu Incheon Metropolitan City, who employs four full-time workers and operates a manufacturing business (mast). A.

The Defendant is working in the foregoing workplace from April 17, 2014 to May 30, 2015.

With respect to retired workers D, the total amount of wages of KRW 400,000 in January 2015, KRW 1,300,000 in February of the same year, KRW 1,300,00 in March of the same year, KRW 1,30,00 in April of the same year, KRW 5,58,064 in April of the same year, and KRW 5,568,064 in May of the same year without any agreement on the extension of the due date for payment.

B. The Defendant is working in the foregoing workplace from May 1, 2013 to June 20, 2014.

The retirement pay balance of retired workers E shall be 1,004,197 won and shall be from April 17, 2014 to May 30, 2015.

The retirement allowance of retired workers D, including KRW 1,426,685, did not pay KRW 2,430,882 in total within 14 days from the date on which the cause of the occurrence of the payment occurred, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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

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

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