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(영문) 서울북부지방법원 2017.02.09 2016고단4103
근로기준법위반등
Text

1. The sentence against the accused shall be 1,500,000 won (one million won);

A fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The defendant is the representative of the company G in Seoul Special Metropolitan City, Nowon-gu, who employs five full-time workers and operates a wholesale business for manufacturing.

From February 25, 2014 to August 26, 2014, the Defendant did not pay wages of two million won from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes attached hereto, to H, who were employed in the workplace of G corporation from February 25, 2014 to August 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement statement with H in the protocol;

1. Application of Acts and subordinate statutes of written goods and contracts;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is the representative of G Co., Ltd. in Seoul Special Metropolitan City, Nowon-gu, who employs five full-time workers and operates the manufacturing wholesale business.

A. From March 1, 2006 to January 8, 2016, Defendant C did not pay KRW 44,170,306, total amount of wages of KRW 2,190,870 in June 2014, including retirement allowances of KRW 27,453,091, total amount of KRW 71,623,397 in total, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

B. From March 1, 2006 to December 1, 2015, Defendant 4353 did not pay the total amount of KRW 32,394,000 and retirement allowances of KRW 30,488,251 of the wages and retirement allowances of employees D who retired from the place of business of G company from March 1, 2006 to December 1, 2015, within 14 days from the date of each retirement, and did not pay wages and retirement allowances of two workers as shown in the attached list of crimes in the attached Table 2.

2. C, D, and E withdraw their respective appeals and expressed their respective intent not to punish the Defendant.

3. Article 109(2) of the Labor Standards Act, which dismissed public prosecution.

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