beta
(영문) 수원지방법원 2013.08.09 2013고단668

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant employed 50 full-time workers in Osan-si D, and operated the E Company of Construction Business.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned regarding the extension of the payment period.

Nevertheless, the Defendant worked in the foregoing workplace and worked in the said workplace as wages of KRW 1,017,560 of workers B who retired on July 15, 2012, and was retired on July 30, 2012, and did not pay KRW 5,505,850 in total as wages of workers C who retired on July 30, 2012, within 14 days from the date of the occurrence of the relevant cause for payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a petition prepared in C;

1. Part concerning B of the F’s petition

1. Statement of payment of labor cost (C);

1. Application of each benefit ledger (B) statute;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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. Of the facts charged in the instant case, the violation of the Guarantee of Workers' Retirement Benefits Act and the violation of each Labor Standards Act to the workers other than workers B and C

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay wages, compensations, and any other money or valuables within fourteen days from the date of retirement unless the parties concerned have agreed on the extension of the due date;

Nevertheless, the Defendant did not pay the wages to the employees listed in the annexed list 3 through 8, 10 through 18, which were retired while working in the above workplace, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties concerned about the extension of the due date for payment.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act;