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(영문) 인천지방법원 부천지원 2013.04.05 2012고정1793
근로기준법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the user who runs the construction machinery rental business as the representative director in the Nam-gu Incheon Metropolitan City D.

1. The Defendant in violation of the Labor Standards Act did not pay a total of KRW 3,625,00,000 for total five workers within 14 days from the date of retirement without justifiable grounds, as indicated in the attached list of crimes, including: (a) the sum of KRW 625,000 for monthly wages from July 29, 201 to November 201; and (b) the sum of KRW 50,000 for annual leave bonus from August 201; and (c) the sum of KRW 725,000 for total five workers within 14 days from the date of retirement, as indicated in the attached list of crimes; and (b) the Defendant did not pay KRW 3,625,00 for total five workers within 14 days from the date of retirement; and (d) did not pay KRW 3,625,00 for regular payment on the date of retirement.

2. An employer in violation of the Labor Union and Labor Relations Adjustment Act shall not violate matters concerning wages, welfare expenses, and retirement allowances among the contents of a collective agreement duly concluded under the Acts;

On August 12, 2011, the Defendant concluded a collective agreement by signing and sealing a written undertaking to consider the collective agreement submitted by the G Labor Union and the G Labor Union as a collective agreement concluded with the (E) and the G Labor Union and “a commitment to faithfully implement the collective agreement.”

Nevertheless, in violation of the aforementioned collective agreement, the Defendant violated the matters concerning wages, welfare expenses, and retirement allowances under the collective agreement by failing to pay wages, bonuses, etc. to workers F, etc. on a regular payment date.

Summary of Evidence

1. The police statement of H;

1. A complaint;

1. Terms and conditions of a decision on application for a temporary disposition prohibiting the effect of collective agreement;

1. Application of court rulings (201Ga, 20424) and other Acts and subordinate statutes;

1. Article 109 (1), Articles 36, and 43 of the Labor Standards Act, Article 92 subparagraph 2 (a) and Article 31 (1) of the Trade Union and Labor Relations Adjustment Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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