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Reasons
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(영문) 서울동부지방법원 2013.10.11 2012고정2801
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.

Reasons

Punishment of the crime

The defendant is the representative of Gangdong-gu Seoul Metropolitan Government 3rd floor D, who runs a construction business using three full-time workers.

1. The Defendant did not pay KRW 5,91,66, the total amount of wages of KRW 5,99,96, the monthly wage of KRW 549,96,96, the monthly wage of KRW 733,328, the monthly wage of KRW 2,108,318, the monthly wage of KRW 2,59,99,984, which was worked from February 19, 201 to October 18, 201 at the same place of business, within 14 days from the date on which the cause occurred, without any agreement between the parties on the extension of the due date.

2. Although wages are paid at least once a month on a fixed date, the Defendant did not pay E’s wages from February 201 to September 201 (the same as the foregoing paragraph 1 of February to May, 201, the wage of KRW 2,750,000 for June to August, and the wage of KRW 2,000 for September to September) on the 25th day of each month, respectively.

3. Although an employer has to specify in writing matters related to the composition items, calculation method, payment method, etc. of wages to a worker when concluding a labor contract, the Defendant did not state in writing matters related thereto when concluding a labor contract with E on February 19, 2011.

Summary of Evidence

1. Each legal statement of E and F;

1. Entry of each protocol of examination of the accused into each part of the protocol;

1. Each statement of E;

1. A written petition;

1. Benefit payment passbook of the respondent;

1. Details of the affairs of the E office;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 109 (1), Article 43 of the same Act, Article 114 subparagraph 1, and Article 17 of the same Act concerning criminal facts, Articles 109 (1), 36 of the same Act, Article 109 (1), and Article 43 of the same Act, Article 114 of the same Act, and the selection of fines, respectively;

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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