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(영문) 인천지방법원 부천지원 2015.08.24 2015고단1607
근로기준법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd., which is one of the 701-gu Seoul Special Metropolitan City B Building 701 and operates a construction company with 20 full-time workers.

The Defendant, from June 1, 2004 to December 19, 2012, paid 48,894,354 won of wages and retirement allowances of workers D who worked in the said workplace from June 1, 2004 to December 19, 2012, without any agreement between the parties on the extension of the payment date, and did not pay 112,948,714 won of wages and retirement allowances of two workers within 14 days from the date of retirement, as shown in the attached list of crimes.

(2) The gist of the evidence is that the defendant paid both wages and retirement allowances, and E expressed his intention not to be punished after the prosecution of this case, and dismissed the prosecution.)

1. Defendant's legal statement;

1. Each petition of D or F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a statement of remittance, attachment of judgment to G, confirmation of transfer to E);

1. Article 109 (1) and Article 365 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines for each crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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

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

5. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant's wrong determination, the fact that the victim F paid all wages and retirement allowances to the victim, the fact that the defendant failed to pay wages and retirement allowances has embezzled approximately KRW 3.3 billion by G, an employee, and that there is a big problem in the progress of business due to departure when the defendant is sentenced to a suspended sentence or a heavier punishment due to a relationship of receiving construction from a foreign country.

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