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(영문) 울산지방법원 2013.07.18 2012고단3832
근로기준법위반
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Defendant shall be punished by a fine of four million 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 a user who runs real estate sales business with the trade name of “D” using 30 full time workers from the third floor of the building in Ulsan-gu, Ulsan-gu.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter.

Nevertheless, the above company has worked from June 25, 2012 to August 14, 2012.

The wages of 1,30,00 won in July 2012, wage of 720,000 won in August 2012, 200, and wage of 720,000 won in August 2012, were not paid within 14 days from the date of retirement, and the total amount of wages of 26,721,670 won in total of wages of 17 workers was not paid within 14 days from the date of each retirement as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each written petition;

1. Each statement;

1. Application of Acts and subordinate statutes on details of overdue wages by worker;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and 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. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is as follows: (a) the Defendant did not pay an employee I’s wage of KRW 5,002,250, K’s wage of KRW 1,551,60, K’s wage of KRW 1.3 million, G’s wage of KRW 1.3 million, KRW 280,000,000,000,000 wages of KRW L (name prior to the retirement) and KRW 520,000,000,000,000 wages of KRW 6,12,16,17,21, and 22.

2. This part of the facts charged is a crime falling under Article 109 (1) of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109 (2) of the same Act. According to the written agreement bound in the records, the above victim expressed his wish not to punish the defendant after the institution of the prosecution of this case.

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