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Reasons
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(영문) 대구지방법원 김천지원 2014.04.15 2014고정10
근로기준법위반등
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Defendant shall be punished by a fine of one hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a business owner who employs 10 full-time workers in the old-si B and operates (ju)C. The Defendant did not pay 2,597,380 won in total of the wages and retirement allowances of the employees D on July 22, 2013, as stated in the attached Form No. 8, as of July 22, 2013, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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. Article 334(1) of the Criminal Procedure Act of the date of the provisional payment order provides that the Defendant is the employer who employs 10 full-time workers in the Gu and operates the (main)C, and the employer is the employer, despite the fact that the worker dies or retires, he/she is paid all money and valuables, such as wages, retirement allowances, etc. within 14 days from the date of occurrence of the cause of such payment. However, on August 13, 2013, he/she did not pay 7,823,620 won including wages, retirement allowances, etc. from July 13, 2013 to August 2013, and did not pay 1 to 7,620 won per year of the details of the money and valuables in arrears in the attached Form, as described in Articles 334(1) to 9 and 27,025,030 won, including eight workers’ wages and retirement allowances, etc., within 14 days from the date of retirement without agreement between the parties concerned.

Each of the facts charged in this case shall be prosecuted against the victim’s express intent under Articles 109(1) and 36 of the Labor Standards Act, main sentence of Article 4 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, Article 109(2) of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act.

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