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(영문) 서울서부지방법원 2014.11.06 2014고정1590
근로기준법위반
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of E in five floors in Mapo-gu Seoul Metropolitan Government, who runs educational service business using 20 full-time workers.

The Defendant is working in the foregoing workplace from July 18, 2012 to February 28, 2013.

The retirement worker F did not pay KRW 1278,40 in February 2013 as well as KRW 4,047,655 in total amount of wages of 10 retired workers within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of G, H, I, and J;

1. A petition filed by K, F, L, M, N, orO;

1. Application of the Act and subordinate statutes to confirm facts, such as telephone;

1. Articles 109(1) and 36 of the Labor Standards Act concerning 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 Defendant is the actual representative of E in the fiveth floor of Mapo-gu Seoul Metropolitan Government D building, who runs educational service business by employing 20 full-time workers.

The Defendant is working in the foregoing workplace from August 1, 2012 to March 13, 2013.

The number of retired workers B’ wage of KRW 3,131,692 was not paid in total as of February 2013, KRW 1,065,846, and monthly wage of KRW 2,065,846 in March, and KRW 3,131,692 in addition to the list of crimes Nos. 1 and 12, the total wage of two retired workers was not paid within 14 days from the date of the occurrence of the reasons for payment without an agreement between the parties on the extension of the due date.

2. We examine the judgment, and this part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

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