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Reasons
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(영문) 의정부지방법원 2015.11.20 2015고단532
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the employer who runs a construction business with 30 full-time workers as the actual manager of the I and J Co., Ltd. in H at his own government.

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.

Nevertheless, the Defendant did not pay the total of KRW 16,218,200 for three workers within 14 days from the date of retirement, including the fact that he/she worked in the said workplace from March 1, 2013 to August 25, 2013 and retired from the said workplace, and that KRW 3,000,000 for June 20, 2013, pro rata wage of July 2013, and KRW 2,419,350 for August 20, 2013, without agreement on extension of the due date between the parties, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K and L;

1. A petition, etc.;

1. Statement of payment of labor, retirement allowance calculation, details of payment of wages, etc.;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Selection of the selective fine for punishment (the defendant may have the same criminal history to the defendant, but the defendant reflects the fact that he/she is fully aware of the crime of this case, the background of the arrears of wages of this case, the amount of overdue wages of this case, and other factors such as the defendant's age, character and conduct, environment, motive for the crime, etc., and determines the amount thereof);

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

1. The summary of the facts charged is that the Defendant, at the time of the Government of the Republic of Korea, runs a construction business with 30 full-time employees among the actual managers of I and J Co., Ltd.

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