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(영문) 대구지방법원 상주지원 2017.12.19 2017고단450

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is an individual business operator who runs a construction business with 13 full-time workers at the construction site of Gyeongcheon-gun, Gyeongcheon-gun.

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, from October 29, 2016 to November 19, 2016, had retired workers C, who were employed as a tree at the above construction site, and had not paid the total of KRW 19,020,000 of the wages of 10 retired workers as well as KRW 9,020,000 on November 1, 2016, as shown in the annexed crime list, within 14 days from the date of retirement when the grounds for payment occurred without an agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect prepared by each special judicial police officer against the accused;

1. Each written statement prepared D and E;

1. A copy of the F Document;

1. Each investigation report (No. 12, No. 13)

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

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 reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (the favorable circumstances of the reasons for sentencing as set forth below) are as follows: (a) the Defendant committed the instant crime even after having committed the instant crime more than nine times since 2010; (b) the number of employees who have not received wages is large; and (c) the amount of the total unpaid wages is not large; and (d) the circumstances favorable to the Defendant’s recognition of and reflects the Defendant’s criminal act.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the age, family relations, and the fact that the defendant was punished only for the same crime, shall be determined as the disposition.