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Reasons
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(영문) 인천지방법원 2013.11.28 2013고단4320
근로기준법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a business operator who operates a F Hospital with 30 full-time workers in Nam-gu Incheon Metropolitan City E.

The Defendant did not pay KRW 4,500,000 of G’s wages working at the aforementioned workplace from October 22, 2012 to February 23, 2013, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the payment due date G and the extension of the payment due date, and did not pay KRW 38,33,000 for the total wages of five workers as indicated in the list of crimes as listed below, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the payment due date between the parties concerned.

The summary of evidence of 1 H 1 from January 2, 2013 to March 5, 2013: 7,000,000 G G 2 on October 22, 2012 to October 23, 2013; 4,500,0003 I from January 9, 2013 to March 19, 2013; 5,833,000 from March 14, 2012 to March 19, 2013; 200,005 KK on December 12, 2012 to December 12, 2012; and 3038,303,03,03,03,003, aggregate of the evidence.

1. Defendant's legal statement;

1. Application of the respective laws and regulations of H, G, I, J, and K

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 a business operator operating a F Hospital with 30 full-time employees in Nam-gu Incheon Metropolitan City E.

The Defendant did not pay KRW 14,300,000 of C’s wage at the place of business from around December 4, 2012 to March 4, 2013 within 14 days from the date on which the cause for payment occurred, without agreement with C and the extension of the due date. From around December 4, 2012 to March 4, 2013, D’s wage amounting to KRW 9,700,000, working at the place of business, from around December 4, 2012 to around March 4, 2013, without any agreement on D and the extension of the due date, within 14 days from the date

2. This is an offense falling under Article 109(1) of the Labor Standards Act and Article 109 of the same Act.

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