Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of G Co., Ltd. located in the Nam-gu Incheon Metropolitan City, who runs the clothing manufacturing business using 15 regular workers.
The Defendant, at the same place of business, worked from June 25, 2014 to November 11, 2014, and was retired workers H’ wages of 160,000 won for June 2014, as well as 1,4,5,6,700 won in total for five retired workers, as described in the [Attachment] Table 1,4,5,6, and7, did not pay 12,179,70 won in total for five retired workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each relevant statute;
1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 that the Defendant did not pay wages to retired workers B, C, D, and E within 14 days from the date of retirement without agreement on extension of the due date for payment, as set out in the separate sheet Nos. 2, 3, 8, and 9.
2. Determination
(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;
B. On May 29, 2015, the victim E, the victim B, C, and D submitted a written application for non-prosecution on August 13, 2015, respectively.
(c) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.