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Reasons
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(영문) 서울남부지방법원 2016.12.01 2016고정1660
근로기준법위반
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Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2016 Height1660] The Defendant is a full-time employee who is the representative of the Guro-gu Seoul Metropolitan Government C Co., Ltd., and operates a manufacturing business with three full-time employees.

The Defendant, at the same place of business, was serving between January 15, 2015 and April 10, 2015 and retired workers D’s wages were paid KRW 1,80,000 for January 1, 2015, and KRW 1,800,00 for February, and KRW 1,150,000 for March, and KRW 250,000 for April, respectively, within 14 days from the date of retirement without an agreement between the respective parties on extension of the payment period.

[2016 Height1661] The Defendant is a full-time employee who is the representative of the Guro-gu Seoul Metropolitan Government C Co., Ltd., and operates a manufacturing business with three full-time employees.

The Defendant, at the same place of business, worked from June 2, 2014 to July 31, 2015 and did not pay 11,100,000 won, including the total of 10,500,000 won, from October 2, 2014 to July 31, 2015, and the total of 10,50,000 won, from January 2, 2015 to July 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

[Judgment of the court below]

1. Partial statement of the defendant;

1. Part of the protocol of interrogation of the police against the defendant (II)

1. Statement of replacement of the police with the accused and D;

1. Each written statement of D and E;

1. Recommendation on the direction of investigation;

1. Business registration certificate;

1. A copy of standard labor contract;

1. A copy of wage ledger;

1. Copy of the certified copy of corporate register (2016 high-level 1661);

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to certified corporate register;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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