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(영문) 인천지방법원 부천지원 2014.09.25 2014고정850
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 the Dispute Resolution Co., Ltd. in Bupyeong-gu, Busan, who is a user who employs 13 full-time workers and operates the gas machinery distribution and service business.

1. The Defendant had worked from December 10, 201 to August 31, 2013 at the above workplace, and did not pay KRW 3,760,240 in total amount of three workers’ wages within 14 days from the time when the cause for payment occurred without agreement on extension of the due date between the parties concerned, as stated in the attached Table, including KRW 1,940,50,000, retired from the said workplace, as well as KRW 3,760,240, as stated in the attached Table.

2. In addition, the said workplace worked from July 5, 2012 to September 15, 2013, and did not pay KRW 3,348,102 of the retirement pay of E retired from office within 14 days from the date when the grounds for the payment arose without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to detailed statement of salary, employment contract, detailed statement of salary, etc., details of confirmation of telephone, etc., and unpaid details;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Mutually between a violation of the Labor Standards Act with respect to E and a violation of the Act on the Guarantee of Workers' Retirement Benefits);

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;

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