beta
(영문) 수원지방법원 2017.05.25 2016고단2419

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs a construction business with three full-time workers under the trade name “D” in Suwon-si, Suwon-si C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 KRW 80,000 wages of F to workers F within 14 days from the date of the worker F’s retirement, without any agreement between the parties on the extension of payment deadline, as in the case of Seosan-si E at the construction site of the above D, and as in the case of the 20th period from June 5, 2015 to the 19th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the detailed statement of the amount in arrears (Evidence No. 4);

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the amount of overdue wages of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act; considering the fact that the defendant reflects the defendant's wrongness and that the defendant does not have any criminal record exceeding the fine, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

Rejection of Public Prosecution

1. The summary of the facts charged is an employer who runs a construction business with three full-time workers under the trade name “D” in Suwon-si, Suwon-si, Suwon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

except in special circumstances.