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Reasons
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(영문) 부산지방법원 동부지원 2014.10.23 2014고정457
근로기준법위반
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Defendant shall be punished by a fine of KRW 80,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2014 High 457] The Defendant is an actual representative of Csports in Suwon-gu, Busan, who is an employer who uses 13 full time workers and conducts the clothing manufacturing business.

When a worker retires, the employer shall pay the wages and retirement allowances, etc. within 14 days after the cause for such payment occurred, and in special circumstances, the period may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant, at the foregoing place of business, worked for Washington from December 17, 2012 to February 28, 2013, did not pay 100,000 won as wages of February 2, 2013, which was retired, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

[2014 High 458] The Defendant is the actual representative of the F Company in the Busan Young-gu E and the second floor, who is an employer who is operating the clothing manufacturing business by using eight full-time workers.

When a worker retires, the employer shall pay the wages and retirement allowances, etc. within 14 days after the cause for such payment occurred, and in special circumstances, the period may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 1,427,00, the sum of KRW 1,427,000 as wages of September 2013, 2013, which was worked as Washington during the said workplace from July 9, 2013 to August 30, 2013, and KRW 658,000 as wages of September 2013 from March 2, 2013 to October 30, 2013, and KRW 1,427,00 as wages of October 2013, without agreement between the parties on the extension of payment period.

Summary of Evidence

[2014 High Court Decision 457]

1. Defendant's legal statement;

1. Statement of the labor inspector’s preparation of D;

1. Defendant's legal statement;

1. The statement of the labor inspector prepared in G;

1. Application of the relevant Acts and subordinate statutes to the H’s petition;

1. Each relevant Article of the Act concerning criminal facts;

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