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대구지방법원 김천지원 2017.09.21 2017고단663

근로기준법위반등

Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. in the old and American City C, who runs the business of manufacturing electronic parts, etc. using three 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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 6,172,557, including the wage of KRW 675,460 in March 1, 2016, the wage of KRW 1,207,097 in May 2016, and KRW 6,172,557 in June 2016 within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of subparagraph (E) of a written confirmation of an employer, such as the details of benefits, the president of a customer, past transaction details, and overdue wages;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, and the selection of fines;

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 did not pay KRW 3,435,00 in October 1, 2016, the wage of KRW 3,435,00 in November 2016, and KRW 10,305,00 in total, including KRW 3,435,00 in December 2016, and KRW 3,435,00 in retirement allowances, KRW 3,931,121 in December 1, 2016, within 14 days from the retirement date, which is the date on which the relevant grounds for payment occurred, without agreement between the parties to the extension of the payment date.

2. The facts charged in this part of the judgment are an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and is not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

However, there is a problem.