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(영문) 인천지방법원 부천지원 2014.06.20 2014고단451
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who operates a manufacturing business by employing eight full-time workers as the representative of the credit rating bank C in Kimpo-si.

The Defendant had worked from October 19, 2010 to July 17, 2012 at the above workplace and retired D’s wages of KRW 9,875,170 in total and KRW 4,216,695 in total, as shown in the attached Form, including the delayed payment of KRW 306,120 in January 1, 2012, and paid KRW 4,216,695 in total within 14 days from the date on which the cause for payment occurred without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to confirm the details of unpaid retirement allowances and telephone, etc.;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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