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A fine of KRW 700,00 shall be imposed on a defendant. If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
The defendant is the representative of D in the third floor of the Seoul Jung-gu Seoul Metropolitan Government, who is an employer who has issued a newspaper using 25 full-time workers. Despite the existence of the obligation to pay wages to workers, the defendant did not pay to F the sum of the wages of F 1,93,30 won (1,00,000 won for February 2, 2013, and KRW 933,330 for March 2013) from January 29, 2013 to March 26, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the suspect against the defendant;
1. Legal statement of witness F, and part of witness G’s legal statement;
1. The defendant and the defense counsel's argument regarding the defendant and the defense counsel asserted that the defendant and the defense counsel did not have the obligation to pay the benefits to F since they did not employ F.
The term "employer" under Article 2 (1) 2 of the Labor Standards Act refers to a business owner, a person in charge of business management, or other person who acts on behalf of a business owner with respect to matters relating to workers, and the term "person in charge of business management" refers to a person in charge of general business management, who represents or acts on behalf of a business owner with a comprehensive delegation of all or part of business management from a business owner. The reason why the Labor Standards Act does not limit a person in charge of compliance with the provisions of Article 2 (1) 2 of the Labor Standards Act, but expands a person in charge of business management, etc. to a person in charge of business management, etc., is a policy consideration to ensure the effectiveness of each provision of the Labor Standards Act in the labor site. Thus, if a person in charge of business management, in principle, is a person in charge of general business and is granted the authority
In particular, the representative director of a corporation shall be external.