근로기준법위반등
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is engaging in construction business under the trade name “B,” and works from May 25, 2017 to January 31, 2018.
The retired C’s wages of KRW 1,948,00 and labor from January 23, 2013 to March 17, 2016.
5,226,419 of retirement allowances of retired D was not paid within 14 days from the date of each retirement.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes of C and D of each petition;
1. Relevant legal provisions concerning facts constituting an offense and facts constituting an offense: Unpaid retirement benefits under Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9 (Selection of Fine)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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 summary of this part of the facts charged is carrying on construction business under the trade name “B”;
(a) Work from December 27, 201 to January 31, 2018
The total amount of wages of 31,781,300 won, including the total amount of wages of 6,289,330 won, and the total amount of wages of 31,781,300 won shall not be paid within 14 days from the date of retirement as shown in the Schedule of Offenses
B. Work from December 27, 201 to January 31, 2018
The retirement allowance of retired E, including 18,153,01 won, was not paid 57,594,932 won in total for four employees within 14 days from the date of retirement, as shown in the list of offenses (2).
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. On May 10, 2018, the prosecution of this case, revocation of each complaint filed by workers on May 10, 2018
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;