logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.01.13 2014고단3221
근로기준법위반
Text

Punishment on the accused shall be determined by a fine of 200,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative director of H in the Southern Y Group G, is an employer who ordinarily employs 48 full-time workers and operates a mining business. From February 1, 2012 to February 28, 2013, the Defendant did not pay KRW 634,400, total amount of wages from August 1, 2012 to December 2012 of I retired and did not pay KRW 634,400 from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to state the statement made to I in the protocol;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant, as the representative director of H in the Southern-gun G, who ordinarily employs 48 workers and operates a mining business using 48 full-time workers. From July 25, 2011 to February 28, 2013, the Defendant did not pay KRW 997,600, total amount of wages from August 201 to December 2012 of C retired from the said workplace, without agreement between the parties on the extension of the payment period between the parties, 14 days after the date of retirement, as stated in the separate crime list No. 2 to 5, as stated in the separate crime list No. 2 to 5, the Defendant did not pay KRW 3,141,200, total amount of wages of four workers retired from the said workplace from the date of retirement without agreement on the extension of the payment date between the parties.

2. Each of the facts charged in this part of the judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

According to the records, C, D, E, and F may recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of each case.

arrow