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(영문) 청주지방법원 2020.01.10 2018고단2632

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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 an employer who operates a panel establishment company using five full-time workers under the trade name of “D” in the petition district C at the Cheongju-si.

The Defendant is working from April 4, 2016 to May 1, 2016 at the same place of business.

The retirement worker E did not pay 1,960,000 won in total within 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions and Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) regarding criminal facts;

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

1. Judgment dismissing a public prosecution under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. Of the facts charged in the instant case, the Defendant is an employer who runs a panel establishment company using five full-time workers in the name of “D” in the petition district C at the Cheongju-si.

The Defendant is working at the foregoing workplace from January 1, 2017 to March 18, 2017.

The retirement worker B did not pay 2,560,000 won in total within 14 days from the date of retirement without any agreement on the extension of the due date.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the records, workers B after the institution of the above indictment can recognize the fact that they have attended the public trial and have withdrawn their wish to punish the defendant. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.