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Reasons
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(영문) 인천지방법원 부천지원 2016.04.01 2015고정331
근로기준법위반등
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The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

The Defendant is an employer who runs a transportation business (tourist bus) with 40 full-time workers in the Dispute Resolution Co., Ltd., and the Defendant did not pay 830,000 won of wages of 8330,000 won, wages of 8330,000 won on November 2014, and wages of 830,000 won on December 2014, 2014 without agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint;

1. The written statement by the police about D (the defendant's refusal to work because D refused to operate a tourist bus during the period stated in the above criminal facts) is justifiable. However, according to the evidence submitted, the defendant's failure to pay D's wage during the above period is recognized as not operating a tourist bus because D's failure to dispatch the tourist bus to D's failure to operate the tourist bus. Thus, the defendant's assertion cannot be accepted) is applied to the law.

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor.

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 59(1) of the Criminal Act (the fact that the defendant paid all the unpaid wages to D on February 26, 2015)

1. The summary of the facts charged is an employer who runs a transportation business (tourism bus) by using 40 full-time workers in the Dispute Resolution Co., Ltd., and the defendant did not pay KRW 4,177,821 of D's retirement pay, which he/she worked in the said company from November 1, 2012 to December 31, 2014, within 14 days from the date the grounds for payment occurred without an agreement between the parties on the extension of the payment period.

2. If there are grounds for dispute over the existence and scope of the obligation to pay the wages, there is reasonable ground for the defendant not to pay the wages.

Therefore, the intention should be recognized.

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