근로기준법위반등
Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 80,000 won shall be one day.
Punishment of the crime
The defendant is the representative of I Co., Ltd. who operates a steel structure manufacturer using 16 full-time workers.
The Defendant works in I’s workplace located at the JJ around June 30, 2012, and from August 12, 2011 to June 16, 2012.
On April 2012, K's retired K's wages of KRW 703,810, May 28, 2012, wage of KRW 28,380, and wage of KRW 1,387,930 on June 2012, it did not pay KRW 2,120,120 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of the Acts and subordinate statutes to the statements and petitions prepared by K;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
1. Articles 70 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 Defendant is the representative of the I Co., Ltd. and is an employer who operates a steel structure manufacturer using 16 full-time workers.
The Defendant is working at I’s workplace located in the JJ around June 30, 2012, and from April 16, 2012 to October 31, 2012.
B’s wages of 570,000 won in July 2012, 2012, wages of 1,005,880 won in August 2012, 2012, wages of 2,50,000 won in September 2012, and wages of 8,075,880 won in October 2012, and wages of 4,000,000 won in September 2012, did not pay 8,075,880 won in total within 14 days from the date of retirement without agreement between the parties on the extension of the due date between the parties, and did not pay 98,50 won in total, such as wages and retirement allowances for 7 retired workers, as described in No. 2 or No. 8 of the attached Table of Crimes List No. 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. Determination is based on Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act.