근로기준법위반
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, as the representative of Gangseo-gu Busan Metropolitan City C, was a business owner and an employer who is engaged in the manufacturing industry by ordinarily employing four workers, and was employed from November 5, 2017 to July 27, 2018 and retired from the Defendant, and provided labor under employment as stated in the details of individual delayed payment money and valuables in attached Form D, including KRW 4,125,00 in March 2018, and the Defendant did not pay KRW 21,615,000 in total wages of two retired workers within 14 days from the date of the occurrence of the cause for payment, without an agreement on extension of the due date.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of accusation made by the labor inspector against D;
1. Each petition, a written statement, or a written complaint stating that the defendant had expressed his/her intent not to punish workers. However, the letter of withdrawal of a complaint under the name D is merely a form of binding the investigation records after the loss of its effect, since D expressed his/her intent to revoke the withdrawal of the complaint before the fulfillment of the conditions stated in the criminal conciliation process conducted in the prosecutor's office, and as such, D cannot be recognized as having been bound to the criminal investigation records after the loss of its effect. The written agreement under the name E does not contain the expression of intention not to punish the penalty, but it is difficult to recognize the establishment of the petition.
1. Relevant laws concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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;