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Reasons
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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정75
근로기준법위반
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of E located in Gangwon Yangyang-gun D and is a user who runs fishery product processing and storage business (red by 29 regular workers) using 29 regular workers.

The Defendant did not pay KRW 1,780,00 in total of KRW 5,60,00 in 2012, and June wage of KRW 1,60,00 in July 26, 2012, and KRW 5,160,00 in total and KRW 5,50,000 in G who worked from September 15, 201 to July 26, 2012 at the same place of business as above, within 1,50,00 in June wage of KRW 1,42,590 in total, KRW 4,422,590 in total, KRW 9,582,590 in total, and KRW 5,60 in total, and KRW 5,590 in total, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, H, and the defendant;

1. Application of Acts and subordinate statutes to wage ledgers;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for 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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the E’s representative located in Gangwon Yangyang-gun D, who runs the fishery product processing and storage business (red by 29 full-time workers) using 29 full-time workers.

The Defendant did not pay KRW C’s wages of KRW 2,480,00 in May 201, 201, and KRW 2,390,000 in June’s wages, and KRW 2,390,00 in July’s wages, KRW 2,300,170 in July’s wages, and KRW 7,00 in July’s wages, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date for payment.

2. To examine the judgment, the above facts charged 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 Labor Standards Act.

According to the records, the victim C is the defendant after the prosecution of this case.

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