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Reasons
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(영문) 서울북부지방법원 2018.05.17 2017고정1685
근로기준법위반
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the D representative director of the Seoul Mapo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. who is engaged in construction business using five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 3.2 million during the same period of work of G from January 22, 2017 to February 12, 2017, on the site of “a remodeling project in the lecture room in the F University Engineering Library” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the said workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. The part concerning the witness G's statement in the third public trial protocol;

1. Application of Acts and subordinate statutes on the confirmation of overdue wages;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged in this part of the charges is that the Defendant failed to pay KRW 10 million,00,000,000,000 to the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned, where the Defendant worked as a field warden from November 20, 2016 to March 19, 2017 as the site warden from February 2017, and the wage of KRW 5 million in March 2017.

2. The facts charged in this part of the judgment cannot be prosecuted against the express will of the victim by the person who has worked in accordance with Article 109(2) of the Labor Standards Act, among crimes falling under Articles 109(1) and 36 of the same Act.

The victim B is the victim B.

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