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Reasons
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(영문) 대구지방법원 2015.03.06 2014고단681
근로기준법위반
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates E in Yongcheon-si D.

The Defendant worked in the foregoing stock company E from November 15, 2012 to December 27, 2012, and did not pay KRW 2,827,00,000, total of the F’s wages of November 201, 2012, and KRW 2,070,000, total of the wages of December 12, 201, within 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 17,652,00 from G, C, H, I, and J’s wages, as described in the attached list of crimes committed by the Defendant, within 14 days from each retirement day, without any agreement on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. A protocol concerning the examination of some police officers against K and the accused;

1. Each protocol of the police statement about F, Defendant, and L;

1. Application of Acts and subordinate statutes to the details of confirmation of facts, such as the petition for accusation, benefit ledger, written statement, written confirmation, five copies of employment contract, and telephone;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of the Defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse, the Defendant and his defense counsel asserted that the employer responsible for the payment of wages to workers is not L, and even if the Defendant is an employer, the Defendant is not liable for the payment of wages for the 12-month period. However, according to the following circumstances acknowledged by the aforementioned evidence, under the labor contract concluded by the Defendant, the other party who entered into the labor contract is the Defendant and the Defendant is jointly and severally liable for the payment of wages, and even though the Defendant and the L workers agreed to finally bear the payment of wages to the employees

Even if this is to be solved between the defendant and L.

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