beta
(영문) 의정부지방법원 2015.06.30 2015고단92

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates the “E driving school” in the medical city DD and is engaged in the business of a driving school with eight full-time workers.

From October 10, 2013 to March 12, 2014, the Defendant did not pay KRW 6,300,000 to workers F who worked in the said E-driving School within 14 days from the date of retirement in which the cause for payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant did not pay KRW 4,500,000, and retirement allowances of KRW 1,919,180 from December 1, 2012 to March 12, 2014, as well as KRW 4,500,000, and retirement allowances of KRW 1,672,430, and retirement allowances of workers C who worked from December 1, 2012 to January 20, 2014, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the contract on the extension of the payment date.

2. The violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, which constitute the facts charged in this part of the judgment, cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. Since the victims expressed their intent not to prosecute the Defendant on December 1, 2014, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.