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The prosecution against the violation of the Labor Standards Act due to the payment of wages among the facts charged in the instant case is dismissed.
(e).
Reasons
Punishment of the crime
The defendant is a user who employs two full-time workers in Hamp-gun C and operates D as an agricultural or livestock farmer.
An employer shall pay a worker who suffers from an occupational injury or disease, a compensation for suspension of work equivalent to sixty percent of his average wages, at least once a month.
Nevertheless, the Defendant entered the above D on April 18, 2013 and cut off the right hand hand hand on July 24, 2013 to E (E, NA) (E, and NA) from July 25, 2013.
9. Until June 1, 2000 no compensation for suspension of work has been paid KRW 1,089,880.
Summary of Evidence
1. Defendant's legal statement;
1. Testimony of the witness X;
1. Examination protocol of the prosecutor and the police accused;
1. Statement of the police officer Y;
1. A written statement and written application (Evidence Nos. 8 and 9) for coal (Evidence List Nos. 8 and 9) [Defendant and defense counsel asserted to the effect that E retired from office as of August 30, 2013 and did not have any intention to pay compensation for suspension of work, as well as that E did not recognize the payment of compensation for suspension of work that should have been paid. However, as seen below, it appears that E maintained the status of a worker until the report on change of employment is submitted to the Gwangju Regional Employment and Labor Agency on September 6, 2013. Accordingly, the Defendant is obligated to pay compensation for suspension of work from July 25, 2013 when E was hospitalized and the labor contract was terminated from September 6, 2013. As such, the Defendant’s assertion that the payment of compensation for suspension of work was enforced under the Labor Standards Act, and that there was no knowledge about the provision or about the amount of payment, cannot be accepted.]
1. Article 110 of the relevant Act on criminal facts and Articles 110 subparagraph 1 and 79 (1) of the Labor Standards Act on the Selection of Punishment;
1. A fine of 500,000 won, which is suspended for a sentence; and
1. Articles 70(1) and 69(2)1 of the Criminal Act for the confinement of a workhouse; 100.