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(영문) 의정부지방법원 2018.07.11 2017고단4575
근로기준법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of Gyeonggi-gun Group C located in Gyeonggi-gun, and is an employer who operates textile manufacturing enterprises using four full-time workers.

1. When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay the total of KRW 25,250,000 of the paid wages of KRW 5,930,000, including the difference of wages in April 2017, 2017, which had been worked at the above workplace from April 8, 2017 to July 17, 2017 at the above workplace, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline, as stated in the attached Table.

2. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and if he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages;

Nevertheless, the Defendant did not pay KRW 6,800,000 in total of the workers’ two pre-paid allowances, as stated in the attached Table, including that he/she did not give such pre-announcement 30 days prior to July 17, 2017 and did not pay KRW 3,300,000 of ordinary wages for at least 30 days, as well as that he/she did not pay KRW 3,30,000, respectively, to the said workplace from April 8, 2017 to July 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each statement of G and H prepared;

1. Application of the statutes on labor contracts;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 110 subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts, the applicable provisions are erroneous.

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