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Reasons
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(영문) 의정부지방법원 고양지원 2014.06.19 2013고정1971
근로기준법위반
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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who runs the wholesale and retail business of cosmetics using 15 full-time workers in a place of business with the eightth floor of the Yongsan-gu Seoul Metropolitan City, Busan Metropolitan City B, under the trade name of the Dispute Resolution Co., Ltd.

[2013 High Court Decision 1971] Defendant from May 24, 2013 to the same year

6. By October, 2013, wages of KRW 440,416 on May 5, 2013, which were to be paid to retired workers D while working in the said workplace, did not be paid within 14 days from the date of the said retirement without agreement between the parties to the extension of the payment deadline, and did not pay the total wages of KRW 8,730,383, which are to be paid to six employees as stated in the attached Table “the details of the money and valuables in arrears by individual” within 14 days from the date of each relevant retirement without agreement between the parties

[2014 High Court Decision 388] Defendant from May 24, 2013 to the same year

6. Until October 2010, a person who had to pay to retired workers E wages of 1,704,504 won on May 2013 and 2,651,454 won on June 2013 and 946,947 won on the date of payment did not pay them within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. The defendant's statement in court [2013 High Court Decision 1971] The evidence records of the case;

1. Of the evidence records of the cases in D, F, G, H, I, and J (2014 high-level 388).

1. E’s authenticity and written statements;

1. Application of Acts and subordinate statutes excluding the performance of wage obligations;

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. Articles 70 (1) 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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