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(영문) 광주지방법원 2017.11.07 2017고정541

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is the representative of the I Mart in Gwangju North-gu, who runs the wholesale and retail business using seven full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant was working in the said workplace from July 2, 2016 to July 24, 2016, and was retired from office on July 24, 2016, and did not pay the total of KRW 8,018,960 for five retired workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as well as KRW 434,160 of the wages of the JJ on July 7, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to K and the accused;

1. Each petition and statement of J, L, M, N, and K;

1. Details of confirmation of facts, such as telephone;

1. Application of Acts and subordinate statutes to report internal investigation (recognition of delayed payment as reported);

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The summary of the facts charged is that the Defendant, as an employer, did not pay each wage to workers B, C, D, E, F, and G (attached Table Nos. 1, 2, 6, 7, 10, 11) within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

2. This part of the facts charged is an offense falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

However, according to the records of this case, a complaint is withdrawn that the above workers do not want the punishment of the defendant.