logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2019.05.08 2018고정779
근로기준법위반
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual manager of D in Si interest-si C, who runs a manufacturing business using seven regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,216,860 on November 1, 2017, and wage of KRW 1,110,00 on December 201, 2017 at the same place of business, without an agreement between the parties on the extension of the due date, within 14 days from the date when the cause for payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The part dismissing prosecution under Article 334 (1) of the Criminal Procedure Act (the violation of the Labor Standards Act againstB);

1. The Defendant in this part of the facts charged is the actual manager of D in Si interesting C, who runs a manufacturing business with seven regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 1,300,000 as wages of September 9, 2017, which was worked from September 4, 2017 to September 18, 2017 at the same place of business, within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties on the extension of the payment date.

2. The judgment is a crime falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. Since the victim B expressed his/her wish not to punish the defendant on December 20, 2018 after the prosecution of this case, the Criminal Procedure Act is the same.

arrow