(영문) 대전지방법원 2018.06.22 2017고단3651



A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the violation of the Labor Standards Act against B and C.


Punishment of the crime

[2017 Highest 3651] The defendant is a person who runs a building business and is an employer.

From February 14, 2016 to February 19, 2016, the Defendant submitted to the investigation agency the power of attorney designated B as a representative, the Defendant’s eight workers, including the total of eight workers, including E, F, G, H, and I’s wage of KRW 850,00,00, J’s wage of KRW 765,00,000, K’s wage of KRW 935,000, and L’s wage of KRW 510,000, not paid within 14 days from the date of retirement without agreement on extension of payment period with each worker.

The Defendant submitted to the full bench a written agreement on January 19, 2018, the second trial date (the trial date), stating the intention of not to punish the Defendant under B, but there is no evidence to acknowledge that the remaining eight workers and the remaining workers clearly express the intention of not to punish the Defendant.

Therefore, 8 workers other than B clearly expressed their intention not to punish punishment.

It is difficult to see that the defendant is guilty.

[2017 Highest 3884] The Defendant is the actual representative of (ju) N in Seo-gu, Daejeon, and was the employer. From April 10, 2015 to September 22, 2015, the Defendant did not pay KRW 2,500,000 of the wages of P of retired workers within 14 days from the date of retirement without agreement on the extension of the payment period.

[2018 Highest 1034] The Defendant is a real operator of N in the second floor, Seo-gu, Daejeon.

On June 20, 2015, the Defendant stated that Q Q would settle down the price at the end of each month at the end of the city-type residential housing mold construction work newly built in Cheongju-si, Cheongju-si, and pay the price without a mold.

However, in fact, the defendant was originally awarded a contract price, and the victim has already been liable for payment of other field work price, and even if the damaged party has been ordered to do the construction work.