근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, one year of suspended sentence, one year of community service order) of the lower court is too unreasonable.
2. Ex officio determination
A. A summary of the facts charged in the instant case is an employer who ordinarily employs five workers and engages in pipeline installation business at the construction site B in Ansan-si.
When a worker 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 worked at the construction site from November 30, 2015 to April 23, 2016, and did not pay KRW 3,780,00 on February 2, 2016 of retired workers C, as wages of KRW 1,440,00,00 on March 1, 2016, and KRW 5,760,000 on April 16, 2016, and KRW 1,920,00 on February 16, 2016 to April 23, 2016, and did not pay KRW 1,920,000 on February 2, 2016, and paid KRW 200,00 on the total amount of wages of workers D including KRW 280,00,00 on March 1, 200, 200, and KRW 308,00 on retirement, etc. within 200,000.
B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence in its judgment.
C. The fact that the Labor Standards Act violated the Labor Standards Act that a worker did not pay wages, etc. within 14 days from the date of his/her retirement should be regarded as a single crime, regardless of the time of occurrence of such wages, etc.
According to the evidence duly adopted and examined by the lower court and the trial court, the Defendant: (a) 3.5 million won in total; (b) 3.5 million won in total; and (c) 4.82 million won in total; and (d) 3.4 billion won in total; (b) 4.5 million won in total; and (c) 5.6 million won in total, in total, in total, in employees D’s wages, from March 18, 2016 to May 10, 2016; and (d) 4.48 million won in wages on March 17, 2016 to May 10, 2016; and (e) 5.6 million won in wages, etc. on April 4, 2016 to May 10, 2016; and (e) 5.5 million won in wages, etc. on May 6, 2016 to workers.