근로기준법위반
Defendant shall be punished by a fine of 600,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant is a person who operates D Co., Ltd. in Pakistan and is an employer engaged in agricultural and fishery products distribution business using 15 regular workers.
The Defendant, from January 24, 2014 to April 14, 2014, did not pay the total of KRW 3,620,000, and the total of KRW 3,866,660, and KRW 3,860,00,00 from March 1, 2014 to May 28, 2014, to employees F, who worked in the said stock company D, within 14 days from the date on which the cause for payment occurred without an agreement between the parties to extend the due date for payment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective Acts and subordinate statutes of E and F;
1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;
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 the facts charged is a person who operates D Co., Ltd., Ltd., in the event of strike, and is an employer engaged in agricultural and fishery products distribution business using 15 regular workers.
The Defendant did not pay the total amount of KRW 4,519,780,00,00 from August 1, 2013 to May 28, 2014, including the wages, etc. of workers B who worked in the said stock company D, within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties on the extension of the due date.
2. The reasons for dismissing the prosecution are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the B’s statement of withdrawal of the petition filed in the trial record, it can be recognized that the victim B withdraws his/her wish to punish the Defendant on November 10, 2014, which is the date of the prosecution of this case.