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Reasons
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(영문) 인천지방법원 2015.08.19 2015고단1834
근로기준법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is an employer who operates a "D Hospital" by using at least 30 full-time workers in Young-gun, Chungcheongnam-gun, Gyeongbuk-gun, and the Defendant did not pay KRW 1,650,000 as wages of E working for the period from September 11, 2014 to November 1, 2014, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The authentic statement of H;

1. A complaint filed by four others G and four others;

1. Application of H’s authentic statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. In light of the fact that the sum of the amount of damage caused by the instant crime was about 5.2 million won, the Defendant recognized and reflected the commission of the crime, the Defendant agreed to pay I wages of the victims between I who acquired a hospital foundation and I, and the Defendant has no record of punishment except once a fine due to a violation of the Wage Claim Guarantee Act in 2013, etc., a fine as ordered shall be imposed.

Public Prosecution Rejection Parts

1. The summary of the facts charged is an employer who operates a “D hospital” by making use of at least 30 full-time workers at Gyeong Young-gun, Chungcheongnam-gun, Gyeongbuk-gun, and the Defendant did not pay KRW 15,00,000 as well as KRW 15,00,00 working at J from October 1, 2014 to November 4, 2014 within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. This part of the facts charged is a crime falling under Article 109(1) of the Labor Standards Act.

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