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(영문) 인천지방법원 2020.08.27 2020고단4375

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business under a subcontract with 22 full-time workers at the construction site of neighborhood living facilities located B in Bupyeong-si.

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.

Nevertheless, the Defendant provided labor at the aforementioned construction site from April 28, 2019 to June 3, 2019, and did not pay KRW 3,800,000 to retired workers C within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties, and did not pay KRW 43,475,00 in total of wages of 22 workers as shown in the attached list of crimes.

Summary of Evidence

1. The application of the defendant's legal statement C, D, the defendant's statement of the police against E, the fact-finding certificate (Evidence List No. 1) and the details of arrears (Evidence List No. 12, 13) to Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); and the choice of fines for criminal facts

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A reasonable ground for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant's liability is not less complicated in light of the legislative purport, etc. of the Labor Standards Act to guarantee the basic livelihood of workers.

A favorable circumstances: The defendant recognizes a crime.

All overdue wages, excluding the 375,000 won portion of the worker F, were paid as substitute payments.

There seems to be some circumstances to consider the delayed payment of wages.

In addition to the disposition of non-prosecution to institute a public prosecution due to the same crime, the punishment shall not be imposed or the fine shall not exceed.

The above circumstances and age of the defendant;