Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of six million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. Defendant A is an employer who operates the manufacturing business of vessel parts by employing 24 full-time workers under the trade name, from March 5, 2009 to March 27, 2017, i.e., Co., Ltd. from Kimhae-si to D from March 5, 2009.
From April 4, 2005, the Defendant did not pay KRW 5,504,02 on each regular payment day, including the amount of KRW 2,037,286 on January 1, 2015, the amount of wage of KRW 1,250,252 on March 3, 2015, the amount of bonus of KRW 943,140 on March 2016, the amount of annual paid leave allowances of KRW 424,474, and the amount of KRW 848,850 on the annual paid leave allowances of KRW 848,50 on April 4, 2014 on each regular payment day.
2. Defendant B is an employer who runs the business of manufacturing vessel parts by employing 24 full-time workers in the trade name of Co., Ltd. from March 28, 2017 to March 28, 2017.
From April 4, 2005, the Defendant did not pay the total of KRW 76,191,466 on each regular payment day, including that of KRW 2,183,306 on January 1, 2018, the amount of wage of KRW 1,990,452 on February 2, 2018, the amount of bonus of KRW 938,080, and the annual paid leave of KRW 87,460 on February 4, 2016, the total of KRW 380,460, and KRW 6,369,758 on each regular payment day, as shown in the attached Table of Crimes List (2).
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police for E;
1. A certificate of all the registered matters D;
1. Wage agreement, 2015;
1. Overdue wages of each individual;
1. Application of Acts and subordinate statutes to each benefit ledger, bonus ledger, and annual allowance ledger;
1. Article 109(1) and Article 43(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Defendant B, respectively, of the relevant criminal facts and the choice of punishment: