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Reasons
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(영문) 수원지방법원 2014.11.19 2013고정3591
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a representative of I in H and was an employer who conducts manufacturing business (plastic injection containers) using eight full-time workers.

1. The Defendant worked in the foregoing workplace from January 2, 2012 to January 12, 2013, and did not pay KRW 6,445,160 as the total amount of wages, including KRW 2,700,000,00 on November 1, 2012, and wages of KRW 2,700,00 on December 2012, 2012, and wages of KRW 1,045,160 on January 1, 2013, without any agreement on extension of the due date between the parties.

2. The Defendant did not pay 4,501,070 retirement pay from the J’s retirement pay to the said workplace for the same period within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K;

1. Application of Acts and subordinate statutes on arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in this part of the facts charged did not pay 7,112,880 won in total of the wages of six retired workers (excluding J) within 14 days from September 6, 2011 to January 17, 2013 at the place of business as indicated in the attached Table of Crimes, including the total of KRW 1,185,480 as well as the total wages of KRW 1,185,480 from September 6, 201 to January 17, 2013.

2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. According to the records, workers B, C, D, E, F, and G want to be punished against the Defendant after the instant indictment.

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