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(영문) 의정부지방법원 2015.11.05 2015고정526

근로기준법위반등

Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

Defendant

As the representative director of D Co., Ltd. located in Namyang-si, a user who conducts plastic products manufacturing business using full-time workers.

An employer shall pay each year wages not less than the minimum wage amount determined and publicly announced by the Minister of Employment and Labor to workers subject to the minimum wage

(1) From January 1, 2013 to December 31, 2013, the minimum hourly wage: 4,860 won, and the minimum hourly wage: 5,210 won from January 1, 2014 to December 31, 2014. Nevertheless, the Defendant paid wages below the minimum wage amount of KRW 2,180,684 (monthly minimum wage below the minimum wage amount: KRW 168,416, KRW 416, KRW 240, KRW 240, KRW 404, KRW 204, KRW 404, KRW 50, KRW 2018, KRW 208, KRW 185, KRW 208, KRW 185, KRW 208, KRW 185, KRW 208, KRW 2405, KRW 2404, KRW 2404, KRW 204, KRW 18,2013; and

Summary of Evidence

1. The defendant's legal statement (on the fifth date);

1. Legal statement of witness E;

1. The gist of the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, among the facts charged in this case by each income earner, of dismissing the labor contract, each salary statement, the attendance status, and the wage and salary income for each income earner, was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as well as the total amount of unpaid wages (Extended and night work allowances) that the Defendant worked at the said workplace from January 2, 2013 to February 17, 2014.

This is a criminal who cannot be prosecuted against the victim's explicit intent (Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits), and the victim withdrawn his/her wish to punish the defendant on September 22, 2015, after the prosecution, so the prosecution on this part is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.