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(영문) 서울동부지방법원 2015.11.05 2014고단2760
근로기준법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual representative of the E Co., Ltd. located in Jeonnam-gun, Newan-gun, and is an employer who runs a comprehensive construction business employing ten full-time workers.

As shown in attached Table 1, the Defendant is working from November 1, 2013 to January 28, 2014 at the same place of business, as in attached Table 1.

The parties concerned did not pay the total amount of KRW 3,300,000 to retired workers within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes on arrears;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The gist of the facts charged is that the Defendant is the actual representative of the E Co., Ltd., located in the Nananannam-gun, Nannam-gun, who employs 10 full-time workers and operates

The Defendant is working in the foregoing workplace from January 10, 2013 to April 1, 2014.

As shown in the [Attachment 2] No. 2 and 3 of the wages of retired workers B, the total amount of wages of 89,371,380 won, including the total amount of wages of 57,493,540 won, was not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The above crimes are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the facts that B and C submitted a written agreement that they would not want punishment for the defendant after the indictment of this case was instituted can be acknowledged.

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