beta
(영문) 부산지방법원 2019.10.01 2019고단2005

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 is the representative director of the C Co., Ltd. located in Young Young-gun B, who runs a construction business using 20 full-time workers.

1. After retirement, the unpaid Defendant did not pay KRW 2,565,00 on March 1, 2018, which was worked from March 1, 2018 to July 31, 2018 at the site of the new construction of D Apartment in Busan-gu, Busan-gu, Busan-do, for the total amount of KRW 29,485,00 for 29,485,000 as stated in the annexed crime list, even though there was no agreement between the parties on the extension of the due date, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the due date.

2. Unpaid wages shall be paid at least once a month on a fixed date;

Nevertheless, the Defendant did not pay the total amount of KRW 29,260,000 (2,090,000 x 14 months x 14 months) of wages from August 1, 2018 to August 31, 2017 to workers F, who worked from around August 1, 2016 at the site of the relevant apartment construction project, on a regular wage payment date, and did not pay KRW 29,260,00 (2,090,000 x 14 months) of wages from September 2018 to September 29, 2018 to workers G who worked from March 1, 2018 at the site of the said new apartment construction project. Moreover, the Defendant did not pay KRW 4,16,660 of wages from March 31, 2018 to September 31, 2018, including that payment was not made on a regular wage payment date x six months from that date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of respective Acts and subordinate statutes of E, F and H;

1. Relevant Articles and 109(1) and 36 of the Labor Standards Act - Articles 109(1) and 43(2) of the said Act concerning criminal facts;

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

1. The sentencing of Article 62(1) of the Criminal Act is suspended.