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Reasons
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(영문) 인천지방법원 2013.05.10 2013고정1036
근로기준법위반
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Defendant shall be punished by a fine of 200,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Co., Ltd. 503, Nam-gu, Incheon Metropolitan City, who runs human resources supply business using 50 full-time workers.

The Defendant is working in the foregoing workplace from September 20, 2012 to October 5, 2012.

D's wages of 198,825 won in October 2012, 2012, including the wages of 198,825 won, did not pay 840,025 won in total for two workers within 14 days from each retirement date without an agreement on extension of payment due date between the parties concerned, as stated in the attached Form No. 37,38.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a petition and a written E;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the Co., Ltd. Co., Ltd. (503) of the building No. 503 in Nam-gu Incheon Metropolitan City, is an employer who engages in human resources supply business

The Defendant is working in the foregoing workplace from March 1, 2012 to November 18, 2012.

A retired E’s total of KRW 1,688,905, including KRW 881,685, and KRW 807,220, Nov. 201, 2012, and KRW 1,688,905, and KRW 36, as indicated in attached Form 1 through 36, did not pay the total of KRW 38,652,855, without any agreement on extension of the due date between the parties concerned.

2. The determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to each of the statements of withdrawal of the petition filed on April 10, 2013, each worker listed in the separate sheet No. 1 to 36 of the annexed calculation statement on overdue wages is against the defendant.

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