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(영문) 인천지방법원 2014.12.04 2013고단2906
근로기준법위반등
Text

Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 10 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is an employer who: (a) from September 9, 2009 to November 10, 201; (b) from November 11, 2011 to March 28, 201, Defendant B was engaged in the business of newspapering 90 or 120 full-time workers at each company located in Jung-gu Incheon Metropolitan City G (hereinafter “H”) from November 11, 201 to March 28, 201.

1. Defendant A

A. From March 1, 2009, the Defendant violated the Labor Standards Act: (a) from around February 1, 201, the amount of wages and bonuses totaling KRW 10,484,094, including wages and bonuses totaling KRW 59,897, Feb. 2, 201, the Defendant did not pay wages to workers listed in the [Attachment Table 2, 10, 11, 13, 16, 19, 24, 27, 34, 37, 40, and 42, on the 25th day of each month, which is the regular payment date of wages.

B. The Defendant who violated the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits is working in the above company from April 6, 2009 to March 1, 2011.

Wages and retirement allowances of 3,571,408 won and retirement allowances of 3,296,870 won including those of 3,571,408 won and 6,868,278 won were not paid within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due date for payment, and the wages and retirement allowances of 2 retired workers as described in Nos. 2 and 3 of the attached Table of Crimes List of Crimes (2) did not be paid within 14 days from the date of occurrence of the cause for payment without any agreement on extension

2. Defendant B

A. The Defendant violated the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits (1) from September 1, 2008 to pay wages and bonuses of 7,305,880 won, such as wages of 764,700 won, etc. on April 1, 2012 of the said company from around September 1, 2008, as well as wages of 2,4,7,8,12 through 14, 16, 19, 22, 23, 25, 27, 28, 31, 33, 34, 37, 41, 42, 44, 46, and 48 of the attached Table of Crimes (3) on the 25th day of each month, respectively.

(However, among Nos. 42, the Defendant’s wages and unpaid bonuses before December 201 are deleted). (2) The Defendant’s company from May 1, 2012 to January 3, 2013.

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