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(영문) 대구지방법원 경주지원 2013.10.16 2013고단367
근로기준법위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in the racing-si, who is engaged in the manufacturing business by employing five full-time workers.

The Defendant, at the above workplace around October 31, 2012, did not pay KRW 33,186,342 in total, as stated in attached Table 3, as well as KRW 1,920,00 on January 1, 2012 of the victim D, a retired worker, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the benefit ledger;

1. Article 109 (1) and 36 of the Labor Standards Act applicable to the crimes and Articles 109 (1) and 36 of the Labor Standards Act.

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is as follows: (a) the Defendant did not pay KRW 26,541,066 in total for three victim’s wages and retirement allowances within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as stated in the attached Table Nos. 1, 2, and 4, as well as KRW 26,541,06, as well as KRW 2,384,00 on July 7, 2012 of the Victim E, who is a retired employee from C Co., Ltd.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to each written confirmation of wage receipt bound in the record, it is recognized that the victims expressed their intent not to prosecute the defendant after the prosecution is instituted, so the prosecution on this part is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

E GDF (units: Won) - This top, in the range of crimes of the origin of the board of directors

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