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(영문) 수원지방법원 2015.10.07 2015고단1301
근로기준법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. located in Seongbuk-gu, Sungnam-si, who runs a construction business with 18 full-time workers.

The Defendant did not pay five workers’ wages within 14 days from the date of retirement, without agreement between the parties to the extension of the due date for payment, from May 1, 2014 to June 30, 2014, including KRW 6,720,00, such as KRW 4,275,000, and KRW 6,720,00, such as wage 2,445,00 on May 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to verify fact-finding certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same criminal records against the defendant, a fine shall be imposed in consideration of the fact that the said workers and voluntary adjustment has been achieved in the civil trial

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, as the representative of D Co., Ltd. located in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant did not pay 11 wages of 11 workers as stated in the attached Table No. 1 to 11 within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned, including KRW 3,975,000,000,000,000,000,000,000,000 won for May 1, 2014, which was employed from May 1, 2014 to June 30, 2014.

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 employee’s explicit intent pursuant to Article 109(2) of the same Act.

According to the records, the above 11 employee expressed his wish not to punish the defendant after the indictment of this case.

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