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(영문) 울산지방법원 2015.04.16 2014고단1137
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates D of Chemical Machinery Parts Manufacturing Business, employing two full-time workers in Ulsan-gun C.

The Defendant, at the above D from July 29, 2010 to November 13, 2012, did not pay the total of KRW 2,500,000 wages for September 20, 2012 of retired workers E, and KRW 7,388,690 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written petition;

1. A true E statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of absence of liquidation of money or goods);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have any criminal history, and the amount of unpaid wages and retirement allowances shall be determined as ordered by taking into account the following factors:

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, while serving in D from February 1, 200 to December 7, 2012, 201, did not pay KRW 3,400,000, the sum of KRW 1,500,000 for wages of February 2, 2011 of retired workers B, and KRW 1,50,000 for August 201, and KRW 400,000 for wages of 10,000 for 10,000 for 10,000 for wages of 10,000 for 14 days from the date of retirement without agreement between the parties to extend the due date.

2. The facts charged pertaining to this part of the judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of complaint submitted by the Defendant,

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