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(영문) 대전지방법원 논산지원 2019.02.01 2018고단363

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in the assigned group B, who is an employer who operates bus passenger service business using ten regular workers.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant had worked from March 2, 2016 to January 11, 2018 at the same workplace and had retired workers D’s wages of KRW 260,000 for August 2016 as well as KRW 27,493,360 for five retired workers, as described in the attached list of crimes, did not pay them within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, F, G, and H;

1. Application of Acts and subordinate statutes to each employment contract, operation log, payment details, duplicate copy of passbook, and disbursement resolution;

1. Relevant Article 109 (1) and 36 of the Labor Standards Act and Articles 109 (1) and 36 of the same 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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In a case where there are grounds for special consideration in the mitigation area (one to six months), the mitigation area (one to six months), the exemption area (special mitigation area] [the decision of the sentence] of the suspended sentence under Article 62(1) of the Criminal Act, and the first offense are acknowledged.

There is a reason to consider the circumstances that no wage has been paid due to aggravation of the management situation.

However, even though the amount of overdue wages has not been much and the period of time has elapsed from the due date, overdue wages still remain.

However, the Korea Labor Welfare Corporation paid workers the amount of 10 million won as substitute payment.

Accordingly, workers D and H are all wages in arrears.