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(영문) 울산지방법원 2014.05.20 2014고정225
근로기준법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

The Defendant, at the port of port, did not pay each wage of four workers as stated in the attached Table 4, 6, 9, and 10, including D’s wage of KRW 480,000, which was worked from January 30, 2012 to February 3, 2012 at the site of the new construction of the Nam-gu C World Trade Corporation, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning E and F;

1. Application of the standard contract for private construction works (Investigation Record No. 71);

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense; and

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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When a worker dies or retires, the employer of the facts charged shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The Defendant did not pay each worker’s six wages within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date for payment between the parties, as set forth in the attached list Nos. 1, 2, 3, 5, 7, and 8, including F’s wage of KRW 2,268,00, which had been worked from December 10, 201 to March 20, 201 at the scene of the new construction of the Nam-gu C World Trade Association.

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 records, the victim F, G, H, I, J, and K, a worker, shall be indicted in this case.

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