Text
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 an employer who runs a D company with 30 full-time workers in Incheon Jung-gu, and the Defendant did not pay the total of KRW 7,000,000 ( KRW 2,258,074, wage of June 6, 2014, wage of KRW 4,741,926) 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 Acts and subordinate statutes of E’s written petition;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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 in this part of the facts charged is an employer who runs a D Company with 30 full-time workers at Jung-gu Incheon, and the Defendant did not pay 10,000,000 won (the wage of April 7, 2014, the amount of KRW 900,000, and the wage of KRW 2,100,000 on May 2014) within 14 days from the date of retirement, without any agreement between the parties on extension of the due date for payment.
2. The facts charged in this part of the judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the written withdrawal of the written withdrawal of the written complaint filed by the victim B, the victim can be acknowledged on May 11, 2015, which is subsequent to the institution of the instant indictment. Thus, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and is so decided as per Disposition.