근로기준법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The defendant is the representative of Gyeyang-gu, Incheon Metropolitan City C and D, who runs a construction business by using one full-time worker.
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, from September 1, 2017 to September 30, 2018, the Defendant provided labor at the inside repair construction site of the F company located in Seo-gu Incheon Seo-gu, Incheon, and did not pay wages of 14,420,000 won [2,060,000 won (in March 2018, April 2018), 3,120,000 won (in April 2018), 3,120,000 won (in June 2, 2018), 2,160,000 won (in June 2, 2018), 720,000 won (in July 2018), 120,000 won (in September 8, 2018) for retired workers’ wages (in September 2018, 201) within one year from the date of the extension of the due date without agreement between the parties to the retirement.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of questioning the police officer to G;
1. Application of Acts and subordinate statutes, such as arrears;
1. Article 109(1) and Article 36 of the Labor Standards Act, the choice of imprisonment with labor concerning criminal facts;
1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., confession and reflect, and the absence of previous convictions who have been punished in excess of the fine);
1. The summary of this part of the facts charged is a user who runs a construction business with a full-time worker as a representative of D in Gyeyang-gu, Incheon, Gyeyang-gu and the third floor.
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, between June 1, 2018 and June 21, 2018, the Defendant provided labor at the I remodeling construction site located in Gyeonggi-gun H, Gyeonggi-do, and did not pay KRW 2,550,000 for the month of June 2018 to the retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
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