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(영문) 인천지방법원 2014.06.27 2014고정1178
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the C Institute in Seo-gu Incheon, Seo-gu, Incheon, who is an employer who operates a Bopers Institute with two regular workers.

The Defendant did not pay KRW 260,00,00, retirement allowance of KRW 1,565,216 of D’s wage balance on October 20, 2013, which was worked from August 20, 2012 to October 25, 2013 at the same place of business, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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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