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(영문) 청주지방법원 충주지원 2018.11.28 2017고정280

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On December 11, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the District Court of Jung-gu District on February 2, 2018, and the judgment became final and conclusive.

[Criminal facts] From September 4, 2015 to Chungcheong City, the Defendant is an employer who performed the removal of a factory C in Chungcheong City B, and D electrical construction at Leecheon-si.

When a worker retires, an employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment period.

Nevertheless, the Defendant was employed as a daily worker from September 4, 2015 to September 16, 2015 and worked as a retired worker E’s wage of 880,000 won at the same construction site, and worked as a daily worker for 34 days from September 7, 2015 to November 6, 2015, and did not pay 2,720,000 won of the retired worker F’s wage within 14 days from the date of retirement, without any agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a petitioner prepared by a special judicial police officer with respect to F;

1. Investigation report (examination of suspect's "the employer" records)

1. Details of confirmation of facts, such as telephone (3 21, 27 Myeongs of investigation records);

1. Number of working days (F), number of working days (E);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes governing evidence on November 26, 2018 of the submission of documents by a prosecutor;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Labor Standards Act, with heavier penalty);

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

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