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(영문) 수원지방법원 2015.03.25 2014고정2551
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to a suspended sentence of two years on September 26, 2014 by imprisonment with prison labor for a violation of the Labor Standards Act at the Suwon District Court on September 18, 2014.

The defendant employed 3-40 full-time workers in the Dispute Resolution D Co., Ltd. and operated slaughter business.

1. The Defendant did not pay KRW 2,245,309, total of KRW 1,265,779 on December 2, 2013, and KRW 979,530 on January 1, 2014, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

2. The Defendant did not pay KRW 5,584,50 in total wages of three workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 1,063,415 in December 2013, 2013, which was served from November 1, 2013 to December 29, 2013, as well as KRW 5,584,50 in total, as indicated in the attached crime list.

3. The Defendant did not pay KRW 2,450,00 in total amount of KRW 400,000 for February 3, 2014 of G, which was worked from January 3, 2014 to April 15, 2014, and KRW 1,300,000 for March 2014, and KRW 2,450,000 for April 20, 2014, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

After November 1, 2013, the Defendant asserts that there is no obligation to pay wages to the Defendant because he actually operates a worker who is not the Defendant, but the Defendant does not have the obligation to pay wages. However, in full view of the following circumstances, i.e., the Defendant’s performance of duties as a representative, such as: (i) the Defendant’s attending school after November 1, 2013; and (ii) the understanding angle with the employee’s representative claimed by the Defendant appears to have been made on April 2014; and (iii) even if following the content, it is difficult to interpret that the Defendant is not liable to pay wages by transferring all business rights to workers after November 1, 2013, the Defendant is liable to pay wages to the Defendant at least until April 2014.

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