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(영문) 인천지방법원부천지원 2020.11.17 2020고단2347

근로기준법위반

Text

A defendant shall be punished by imprisonment 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.

Reasons

Punishment of the crime

The defendant is the representative of the C in Bupyeong-si, who runs a construction business by employing three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working for day duty from May 22, 2019 to May 28, 2019 at the site of a recording room in Seoul Special Metropolitan City D.

The retired E’s wages of KRW 18,750,00,000, including wages of KRW 1,320,000 on May 2019, were not paid respectively within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the police appellant’s written statement to E, F, and the police appellant’s written statement to G;

1. Relevant statutory provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, each of the choice of punishment (including workers F and G), Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); and each of the two Articles, Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15,

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant repeats the crime even though he/she had the record of punishment for the same kind of crime, and the damage is not restored, etc. that are disadvantageous to the defendant, or that the defendant recognizes the crime of this case and reflects the fact that he/she has no record of punishment exceeding the fine, etc., considering the circumstances favorable to the defendant. The defendant's age, environment, character and behavior, motive