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(영문) 광주지방법원 목포지원 2015.09.17 2015고단192
근로기준법위반
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The Defendant is an employer who actually operates an organic fertilizer E by using eight full-time workers in Yong-Namnam Cancer D.

The Defendant is working in the foregoing workplace from July 24, 2013 to May 31, 2014.

Wage 12 million won from December 2, 2013 to May 2014, 2014, of retired workers F, shall work for the same period.

The retirement worker G did not pay the total of KRW 21 million to two workers, including the wages of KRW 9 million from December 2, 2013 to May 2014, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

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 (1) 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 summary of the facts charged is an employer who actually operates E as indicated in the judgment, and the Defendant is working from July 24, 2013 to May 31, 2014 at a workplace as indicated in the judgment.

A retired worker B's wage of 18 million won from December 2, 2013 to May 2014, shall work for the same period.

The retired workers C, including wages of 12 million won from December 2, 2013 to May 2014, 2014, did not pay the total of 30 million won to two workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Each of the facts charged in this part of the judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

According to the records of this case, the victim B and C expressed their wish not to punish the defendant after the prosecution of this case is instituted.

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