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Reasons
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(영문) 서울중앙지방법원 2013.05.24 2012고정4644
근로기준법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[2012 high-level 4644] The Defendant is an employer who employs four full-time workers at the construction site of Ansan-si Hospital located in Ansan-si, and implements internal interior interior interior surgery.

The Defendant worked on October 12, 2009 through November 20, 2009 at the above site and retired workers D's wages of November 1, 2009, 1,440,000, and the same year.

9. Workers E who retired while serving from November 24 of the same year from 29.29 to November 24, 2009 did not pay 2,940,000 won as of November 1, 2009 within 14 days from each retirement day on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

[2012 high-level 4645] The Defendant is an employer who has employed three full-time workers at the site of an officetel located in the Gangnam-gu Seoul Metropolitan Government FF in order to perform the interior works.

The defendant from August 31, 2010 to the same year at the above site.

9. Wages of workers G who retired while serving until 30.9.9.1,690,000 won or the same year.

9.1. From January to the same year;

9. A retired worker H’s wage of 1,040,000 on September 9, 2010 was not paid respectively within 14 days from the date of each retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2012 High Court 4644]

1. Examination protocol prepared by special judicial police officers against the accused;

1. Statement prepared by a special judicial police officer against D or E (2012 high-ranking 4645);

1. Examination protocol prepared by special judicial police officers against the accused;

1. Statement prepared by a special judicial police officer with respect to G and H;

1. Application of Acts and subordinate statutes to a copy of output report;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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