beta
(영문) 부산지방법원 2013.09.26 2013고정3337

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the D Language Institute located in Busan Northern-gu B and 6th C building0, who is an employer who runs educational service business using seven full-time workers.

The Defendant is working as an instructor from December 7, 2011 to July 28, 2012 at the same place of business.

A retired worker E’s wage of KRW 1,200,00 for July 2012, as well as KRW 6,463,00 for each worker’s wages, was not paid within 14 days from the date of retirement, without any agreement on extension of the due date for payment between the parties concerned, as well as the detailed statement of individual wages in arrears.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement concerning F;

1. Each written statement of G, E, and H;

1. Each complaint;

1. Application of Acts and subordinate statutes on personal overdue wages, copies of bankbooks, and transaction details of passbooks;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;