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(영문) 창원지방법원 2018.01.26 2017고단3388

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

The defendant, as a representative of C, is the employer who employs 13 full-time workers at the E-Newly constructed construction site in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, etc. and conducts construction business of building stones.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

However, Defendant 1 did not pay KRW 3,400,00,000 for May 6, 2017, when working in the above workplace and retired on June 6, 2017, within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the day of payment between the parties, and did not pay KRW 40,369,857 for the total amount of wages of 15 workers within 14 days from the date of retirement, which is the day of payment, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. Application of the Act and subordinate statutes on the Details of money and valuables in arrear (the 81th page of evidence record);

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents and reflects his mistake in depth, and there are some other circumstances that may be somewhat taken into account the motive and circumstances leading to each of the crimes of this case, taking into account each of the crimes of this case as well as the conditions for various sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, the defendant's age, sexual conduct, intelligence, environment, health condition, etc.