beta
(영문) 부산지방법원 2016.09.20 2016고정1942

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On September 25, 2015, the Defendant was sentenced to imprisonment with prison labor for a two-year term for a violation of justice in the Ulsan District Court for the violation of the Act on the Protection of U.S. and the judgment became final and conclusive on June 23, 2016.

The defendant is the representative of the incorporated association C with B and C in Yangsan-si, Yangyang-si, who is an employer who operates an environmental organization with seven 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.

Nevertheless, the Defendant, from June 2, 2014 to December 2, 2014, was retired from office as the head of the Ministry of Education, and the Defendant did not pay KRW 7,600,000, the aggregate of KRW 1,800,000 for each of the divided wages of August 8, 2014, and KRW 2,600,000 for each of the divided wages of November 2014, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of outputs of search of net case, and copies of text of judgment to statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;