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Reasons
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(영문) 의정부지방법원 고양지원 2015.08.07 2015고정707
근로기준법위반등
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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 representative of the CF in the above residence and is an employer who runs the lodging business with two regular workers.

1. The Defendant is working in the foregoing workplace from November 1, 204 to May 28, 2014.

A total of 13,309,480 won of wages in arrears, as stated in the attached Table of Crimes List, including the wage difference of 228,000 won on August 201 of retired workers D, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. At around 16:00 on April 15, 2013, the Defendant immediately dismissed an employee E, who was employed on September 1, 2004 and works as cleaning workers, without a prior notice that “it would reduce one person,” and immediately paid 700,000 won of the difference equivalent to the amount of the ordinary wage for 30 days with the advance notice payment for dismissal, on the date of dismissal.”

3. The Defendant did not pay 6,95,930 won in total, including 5,121,800 won of retirement allowances of employees D who retired from the said workplace within 14 days from each retirement day without any agreement between the parties on the extension of the due date for payment, as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the preparation of each labor inspector in relation to D and E;

1. Application of Acts and subordinate statutes to calculation of overdue money and valuables;

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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