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(영문) 인천지방법원 2016.10.06 2016고단2488
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Co., Ltd. Co., Ltd. in the Namdong-gu Incheon Metropolitan City, and is a user who landscaped the mobile phone parts manufacturing business by making full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of KRW 1,94,712 of D’s wages on February 20, 2015, which was worked from October 20 to December 24, 2015, KRW 1,906,440 for September 2015, and KRW 1,906,440 for October 2015, and KRW 1,906,440 for wage for November 2015, and KRW 1,906,440 for wage for November 2015, and KRW 7,097,196 for total amount of KRW 1,37,876 for December 24, 2015, without agreement on the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 6,606,320, which was worked from October 20, 2012 to December 24, 2015 at the same place of business, within 14 days after retirement without any agreement on extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A complaint;

1. A copy of an instruction to correct matters in violation of labor-related Acts and subordinate statutes and a copy of the passbook transaction ( September 2012 - July 2013);

1. Application of Acts and subordinate statutes on investigation reports (verification of overdue wages);

1. Relevant Article 109 (1) and Article 43 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 43 of the Act on the Selection of Punishment, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (Dismissal of Retirement Allowances and Selection of Fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1.Article 70(1) of the Labor House Detention Act;

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