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(영문) 인천지방법원 2015.06.05 2015고정1090
근로기준법위반등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a D representative in Seo-gu Incheon, who is engaged in the manufacturing industry with six regular workers.

The Defendant worked from July 10, 201 to December 2, 2014 at the same place of business, and retired from the said place of business on January 1, 2014, and did not pay KRW 161,290, retirement allowances, KRW 8,407,335, and KRW 11,068,625 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes to a written petition, a written statement, average wages and retirement allowance calculation statement;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant reflects the crime and repents, and that the total amount of unpaid wages and retirement allowances paid for the victim deposited KRW 11,068,625 for the victim, etc., the punishment as ordered shall be determined by comprehensively taking into account all the circumstances shown in the pleadings;

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