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(영문) 인천지방법원 2013.05.24 2012고정3857
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of C Co., Ltd. with 1001-2 of the 10th floor of the building B in Bupyeong-gu Incheon, which is a user who employs ten full-time workers and operates a oil radio communication business.

The Defendant had worked from April 22, 2010 to March 31, 2012 at the above workplace and retired from the said workplace, and had not paid the total of KRW 16,095,180 to six workers within 14 days from the date of retirement, as shown in the attached crime list, including KRW 1.7 million in December 2, 2011.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the respective laws and regulations of E, D, F, G, H and I

1. Article 109(1) and Article 36 of the Act on the Guarantee of Workers' Retirement Benefits (which refers to unpaid wages), Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which refers to unpaid retirement allowances among the facts charged in this case) and each decision of fines (which is charged by the public prosecutor with the application of Articles 109(1) and 36 of the Act on the Guarantee of Workers' Retirement Benefits, but the Act on the Guarantee of Workers' Retirement Benefits was enacted on January 27, 2005 as Act No. 7379 of Dec. 1, 2005, and Article 34 of the Act on the Guarantee of Workers' Retirement Benefits (which shall be governed by the Act on the Guarantee of Workers' Retirement Benefits for the retirement benefits paid to the retired employee) are amended. Accordingly, the Labor Standards Act shall apply not only to the case where the employer fails to pay retirement allowances within 14 days after the date the Act on the Guarantee of Workers' Retirement Benefits enters into force, but also to this part shall be applied ex officio without the defendant's right of defense.

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