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(영문) 서울중앙지방법원 2019.01.09 2018고단3303

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of Gangnam-gu 2018 Highest 3303 is the user who runs a construction enterprise using 80 to 90 full-time workers as the representative of the C Co., Ltd. in the second floor of Seoul Gangnam-gu.

1. The Defendant, who is unpaid on the regular payment date of wages, did not pay the wages of KRW 3,004,846 on January 25, 2017, which were worked at the above company from April 1, 2014, as indicated in [Attachment 5 and 10] No. 5 and 10, respectively, on the 25th of each month, which is the regular payment date of wages, as well as the wages of KRW 3,004,846 on January 25, 2017.

2. If a worker dies or retires, the employer in arrear of wages or retirement allowances shall pay him/her wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

The Defendant, while working in the foregoing company from January 12, 2016 to March 22, 2017, had not paid the total amount of KRW 11,129,030, retirement allowance 3,583,557 of retired workers F, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, and did not pay the wages and retirement allowances of 15 workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned as stated in 3, 4, 5, 9, 11 through 14, 16, 22, 23, 28, 37, 41, and 44, without any agreement on the extension of the payment deadline between the parties concerned.

3. An employer who is entitled to compensation for medical treatment or compensation for suspension of work shall provide necessary medical treatment at his/her expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease, and shall pay compensation for suspension of work equivalent to 60/100 of average wages during the period of his/her medical treatment to a worker who is under medical treatment;

Nevertheless, at around 17:00 on June 20, 2017, the Defendant did not monthly pay KRW 1,886,690 for the aggregate of the medical care expenses from August 2017 to March 2018 by an employee I, who was under medical care, with the right hand hand hand, during work at H construction sites located in the Philippines G.

b) the Commission;