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(영문) 인천지방법원 2015.09.10 2015고단3578
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 41 full-time workers in Bupyeong-gu Incheon Metropolitan City D and operates the Dispute Resolution E.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from that time, and shall pay the retirement allowance within 14 days from that time when the cause for such payment occurred.

Nevertheless, the Defendant is working from September 1, 2009 to March 31, 2015 at the above workplace.

An annual paid leave allowance of 1,701,040 won and retirement allowance of 8,461,846 won for retired workers F have not been paid within 14 days from the date of the occurrence of the date of retirement or the cause of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 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 a selective fine for punishment (such as the fact that the accused acknowledges and reflects the crime, the fact that the accused has no penalty power exceeding the fine, the amount of overdue wages, etc., and the circumstance that the accused has delayed payment of wages, etc.);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who employs 41 full-time workers in Bupyeong-gu Incheon Metropolitan City D and operates a dispute resolution committee.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from February 27, 2002 to February 27, 2015.

A retired worker B’s annual paid leave allowance of KRW 2,492,880, and retirement allowance of KRW 29,489,39, and B’s service from February 16, 2004 to April 3, 2015.

-retirement workers;

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