beta
(영문) 의정부지방법원 2015.10.23 2015고단1218

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company C in Namyang-si, and is an employer who engages in recycling business using 20 full-time workers.

The Defendant did not pay KRW 4,600,000 to workers D who worked in the above C from December 1, 2013 to October 26, 2014, within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 26,010,00 for 9 workers within 14 days from the date of retirement when the cause for payment occurred without agreement on extension of payment due, as stated in attached Table 1, 2, 4, 6, 8, 9, 11, and 12.

Summary of Evidence

1. Defendant's legal statement;

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

1. A copy of the I;

1. Application of the current status of benefits of each C and the details of each delayed amount and money;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the Act on the Selection of Criminal Crimes (Appointment of imprisonment, in consideration of the amount in arrear, the records of the same kind of crime, etc.);

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

1. The portion dismissing the prosecution in accordance with Article 62(1) of the Criminal Act (such as the violation against the defendant's recognition of the crime in this case, the details of the delayed payment of wages in this case, and the fact that the defendant has no criminal record of probation or heavier

1. The summary of the facts charged is a person running a stock company C in Nam-si, Namyang-si, who is engaged in recycling business using 20 full-time workers.

The Defendant did not pay KRW 3,500,000 to workers J who worked in the above C from December 1, 2013 to August 25, 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

In addition, the Defendant’s wage for five workers as indicated in the attached list 3, 7, 10, 13, and 14, including this, is 19.