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(영문) 의정부지방법원 2018.09.07 2017고단5762

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a business owner who runs a construction business, such as installation of machinery and equipment, using 14 full-time workers at the site of construction of a sanatorium for the elderly in the Gangwon Iron Group B.

Defendant is a new construction site and from February 1, 2017 to the same year.

4. Unless the parties agree on the extension of the payment date between the parties, the employer did not pay 7,930,000 won in total for 14 employees, including 13,140,000 won in the D’s wages by up to 25 days, within 14 days from each retirement day without any agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the petitioner with D;

1. A petition or each power of attorney;

1. Status of arrears;

1. Payment Details

1. A statement of payment of labor costs for February, March, and April;

1. Application of Acts and subordinate statutes on details of overdue wages;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards of Imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (an aggravated punishment for concurrent crimes against violation of the Labor Standards Act with the largest D) of the Act on the Aggravated Punishment of Concurrent Crimes is that a crime for which wages and retirement allowances are not paid within 14 days from the date of retirement of workers is likely to cause interference with the livelihood of workers and their stable livelihood security.

In particular, in light of the economic situation of the general workers who depend on monthly wage income, the above crimes can destroy their basis of living, and the degree of damage suffered by individual workers is serious, as well as various social and economic damage caused by them are enormous.

Therefore, it is reasonable to view that the necessity of severe punishment is also high.

In this case, since the amount of wages that the defendant did not pay exceeds KRW 77 million, it is a large amount of wages.

The defendant is on March 23, 2018, which was the date of public trial, from March 23, 2018 to July 21, 2018.