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(영문) 인천지방법원 2013.09.06 2013고정1397
근로기준법위반등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant is the actual manager of Q Co., Ltd. located in Bupyeong-gu Incheon Metropolitan Government AB who manufactures water measuring instruments using 20 full-time workers.

The Defendant, as shown in the attached Form, failed to pay 10 wages, total retirement pay of KRW 26,389,99, as well as KRW 1,721,136 of AC’s wages for May 2012, 2012, including KRW 251,987, and KRW 1,471,149, and KRW 1,721,136 of the same year, which worked for the business entity from March 26, 2012 to June 30, 2012, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

The Defendant is the actual manager of Q Q Co., Ltd. located in Bupyeong-gu Incheon Metropolitan City R, who manufactures water measuring instruments parts using 25 regular workers. A.

The Defendant did not pay KRW 32,440,549 in total amount of ten wages, such as AD, within 14 days from the date on which the cause for payment occurred, as shown in the attached Table of Crimes (Ⅰ), as well as KRW 938,344 of AD’s wages on December 20, 2012, which worked from June 20, 201 to October 29, 201 at the same place of business.

B. The Defendant did not pay KRW 12,297,050 in total, five retirement allowances, such as AD, including KRW 1,649,651, who worked in the said workplace from June 20, 201 to October 29, 2012, within 14 days from the date of occurrence of the relevant cause for payment, without an agreement on extension of the due date between the parties concerned, as shown in the attached list of crimes (Ⅱ).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each petition, each written statement, and each written statement representing the petitioner (the written statement representing the petitioner and the written statement representing the petitioner, and the 16 pages of the investigation records of the case);

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) (amended by Act No. 10967, Jul. 25, 201); and each retirement benefit.

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