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인천지방법원 2014.04.11 2013고정3219
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the J Co., Ltd. in the Nam-gu Incheon Metropolitan City I, who employs 15 full-time workers and operates the service business.

The Defendant had worked from October 10, 201 to April 30, 2013 at the same place of business and retired from office, and had not paid KRW 3,076,920 on February 2, 2013, the monthly wage of KRW 3,076,920 on March, and KRW 190,910 on year-end refund (2012) and KRW 6,344,750 on the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the K’s statement statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act to order provisional payment is that the defendant paid K the amount in arrears in full. The part dismissing the prosecution is dismissed.

1. The summary of the facts charged is the representative director of the J Co., Ltd., located in Nam-gu Incheon Metropolitan City I, who employs 15 full-time workers and operates a service business. A.

The Defendant had worked from March 1, 2012 to March 10, 2013 at the same place of business, and had not paid KRW 471,700,00 in total, including three workers’ wages, etc., within 15,766,320, respectively, as shown in the attached crime list, without agreement on extension of the due date, as stated in the attached list of crimes.

B. The Defendant had worked from March 1, 2012 to March 30, 2013 at the foregoing workplace and had not paid KRW 3,434,729 of retirement allowances of E retired from office, and did not pay KRW 13,731,656 in total for three employees within 14 days from the date of retirement, as shown in the attached crime list.

2. The facts charged in this part of the judgment are as follows: Articles 109(1) and 36 of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

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