근로기준법위반
All of the prosecutions of this case are dismissed.
On July 19, 2012, the Defendant issued a summary order of KRW 500,000,000 as fine for the same crime from the same support on September 11, 2012, and a summary order of KRW 500,000 as fine for the same crime from the same support on May 30, 2013, respectively.
[Criminal facts] The Defendant is an individual business operator with mutual incompetence C, and is an employer who operates a construction business by employing 11 full-time workers.
The Defendant, from May 1, 2014, worked as steel workers in the construction site of pentthy D, etc. from May 1, 2016, and on May 5, 2016, the Defendant did not pay KRW 20,314,00,00 for each worker’s wages, including KRW 2,262,00,00, as well as the money and valuables in the attached Form [Personal Construction Business Operator-A], within 14 days from the date of each retirement without any agreement on the extension of the payment deadline between the parties.
The Defendant is a personal constructor who does not have separate trade names or business operators, and is an employer who runs a construction business with nine full-time workers under a contract for construction works of new multi-family housing in the Jinju City.
From June 6, 2016, the Defendant served as a worker in the place of business in which he/she had retired on August 9, 2016, and did not pay the total of KRW 10,157,000 for each worker’s nine wages, including KRW 1,533,00 on June 6, 2016 of G workers G retired on August 9, 2016, and KRW 2,163,00 on August 2016, as indicated in the details of money and valuables in arrears by each individual, within 14 days from the date of each retirement without any agreement on the extension of payment date between the parties.
Judgment
Each of the facts charged of this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.
According to the records, the above damage occurs after the prosecution of this case was instituted.