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(영문) 수원지방법원 안산지원 2020.01.16 2019고단855
근로기준법위반
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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 an actual manager of G located in F in Si-Y, who runs a manufacturing business using eight full-time workers.

The Defendant worked in the foregoing workplace from September 15, 2018 to November 3, 2018, and did not pay the total amount of KRW 3,000,000 ( = 1,50,000 wages in September 1, 2018, wages of KRW 1,100,000 in October 1, 2018, and wages of KRW 400,000 in November 1, 2018 to November 5, 2018, and paid the total amount of KRW 2,950,00 in wages of workers I retired from office ( = wage of KRW 300,00 in August 30, 208, wage of KRW 10,00 in September 10, 200, KRW 100 in October 1, 200 in 208, KRW 100 in 208 in 200 in 208).

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of H and I;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

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 (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 is that the Defendant is the actual manager of G located in F at the time of Si interest, who runs a manufacturing business using eight full-time workers.

The Defendant worked from May 1, 2018 to November 5, 2018 at the same workplace and did not pay the total of KRW 4,577,076 of wages of retired workers B, the total of wages of workers C, 4,439,822, the total of wages of workers D, the total of KRW 3,105,720, the total of wages of workers E, and the total of KRW 4,537,192 within 14 days from the date on which each ground for the payment occurred, without any agreement between the parties on the extension of the due date.

2. The above offense is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is expressed by the victim under Article 109(2) of the Labor Standards Act.

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