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(영문) 인천지방법원 부천지원 2014.02.19 2013고단3184
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of D in Seocheon-si, Seocheon-si, who runs the Handphone sales business using 15 full-time workers.

1. The Defendant worked in the foregoing workplace from January 20, 201 to January 20, 201, and worked in the same workplace from January 21, 201 to January 20, 2013, and paid 840,000 won for January 1, 200, and March 5, 2013 to March 26, 2013 of the FF retired on March 27, 201 without an agreement between the parties on the extension of the due date.

2. The Defendant worked in the foregoing workplace from January 20, 201 to January 20, 2013, and did not pay retirement pay KRW 3,918,400 of E’s retirement pay retired on January 21, 2013 within 14 days after retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances to E);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The summary of the facts charged as to the violation of the Labor Standards Act with respect to workers B, among the facts charged in the instant case, of the dismissal order of prosecution under Article 334(1) of the Criminal Procedure Act, is that the Defendant worked at the D workplace from February 21, 2013 to May 20, 2013, and did not pay KRW 80,000 in May 21, 201 of the same year, which was retired on May 21, 2013, within 14 days after retirement without an agreement between the parties on extension of the due date. The facts charged in this part is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and can be prosecuted differently from the intent expressed by the victim under Article 109(2) of

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