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(영문) 수원지방법원 안산지원 2014.10.07 2014고정348
근로기준법위반
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who runs a construction business with 15 full-time workers at Ansan-si and 18 Dong 1104 without a specific trade name, and the defendant is from Apr. 1, 2013 at the place of D New Loans in Gyeyang-gu, Gangwon-do.

5. A worker E who worked as an employee until April 16, 2013 did not pay 16,460,000 won in total to three workers, including 3,300,000 won in April 4, 2013 to 4,60,000 won in total, within 14 days after retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes (Evidence No. 6);

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 (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 a person who runs a construction business using 15 full-time workers without a certain trade name with an address of No. C, 18 and 1104 in Ansan-si. The Defendant did not pay the total of KRW 15,450,000 to three workers within 14 days after his/her retirement without any agreement on the extension of the payment deadline, as stated in the list of crimes No. 1 through 3, including the amount of wages of KRW 3 million for December 2012, 201 of the worker F, employed as an employee from the location of D New Loan in Yang-gun-gun, Gangwon-do from September 1, 201 to May 16, 2013.

2. Crimes of non-compliance with judgment: The victims under Article 109(2) of the Labor Standards Act submitted a written withdrawal of their respective petitions after the institution of public prosecution, and the withdrawal of their wish to punish them shall be made. The judgment dismissing public prosecution pursuant to Article 327(6) of the Criminal Procedure Act;

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