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(영문) 대구지방법원 경주지원 2015.01.29 2014고정242
근로기준법위반
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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was the representative of the C Hospital located in Cheongbuk-do Group B, and was the employer who provided medical services using ten full-time workers.

The Defendant, on July 1, 2009, did not pay the amount of KRW 1.7 million on May 1, 2009 of D, which retired from the said place of business, and KRW 3.4 million on June 1, 2009 of the same year, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any extension agreement between the parties concerned.

In addition, the Defendant did not pay a total of 6,966,670 won to four employees of the above workplace in the same manner, as shown in the attached list Nos. 1 through 4 of the crime sight table.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect E by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of each statute on filing of a complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The summary of the facts charged in this part of the dismissal part of Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that the defendant as the employer did not pay 9,50,000 won of F's wage of the employee who retired from the above workplace on June 10, 2009 as stated in attached Table 5, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties concerned

This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the application for non-prosecution of punishment bound in the records, the victim F has withdrawn his/her wish to punish the defendant after the institution of the instant indictment.

Therefore, this part of the prosecution is instituted in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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