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(영문) 의정부지방법원 2016.10.21 2016고단2622

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative director of Busan Dongdong-gu B and 203 (State)C, is a user who runs a construction company with 50 full-time workers, and the above state, as a result of the construction of D Hospital in Namyang-si, Namyang-si, the above state, subcontracted the construction of reinforced concrete from Kd integrated construction (ju) and employed workers.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within fourteen days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date.

Nevertheless, the Defendant did not pay KRW 3,740,00 of the E’s wage in June 1, 2013, which was worked at the construction site of the said D Hospital from June 1, 2013 to August 5, 2013, and did not pay KRW 58,424,50 of the total wages of 76 workers working at the said construction site as shown in the attached list of crimes in the attached Table, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. A written statement of I and J;

1. Reading day (from May to August, 2013, from March to June, 2013, from March, 2013) and printing day (Evidence No. 49);

1. Application of the labor ledger, details of arrears by individual, and copies of the benefit passbook;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (6 to one year) (6 to one year) of the two types (at least 50 million won, less than 10 million won) not paid, such as wages, etc. on the recommended sentencing guidelines (the scope of recommending punishment) for the sentencing guidelines;

2. That the full recognition of one’s mistake in the decision of sentence is against each other, that there is no criminal record of the same kind and suspension of execution or more, and that some workers are against each other.