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(영문) 인천지방법원 2019.06.19 2019고단633

근로기준법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated C in the Chungcheongbuk-gun B, and is an employer who runs construction business using five full-time workers.

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 from October 21, 2017 to December 11, 2017 at the construction site of Ulsan, Seoul, Gangwon, and Chungcheong Scarcheon, as belonging to the above workplace, to the employee D’s wage of KRW 7,275,00,00 as well as KRW 40,950,000, as described in the attached crime list, did not make each payment within 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment of money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D and E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Determination of Punishment) Sentencing (Determination of Punishment) : The non-payment of wages, etc. [Type 1] 50 million won or less (Special Sentencing) (the scope of recommendation field and recommendation range] basic area; imprisonment with labor for April to August;

2. The amount of unpaid wages shall be 40,950,000 won in total; and

However, for the remaining wages in arrears, the worker F refers to 720,000 won, and the worker E refers to 7,970,000 won, respectively.

The defendant must pay the remainder of the arrears, and the defendant has no record of being punished by imprisonment with prison labor or more than the suspension of execution for the same crime.

In full view of the above circumstances, the punishment as ordered shall be determined as above.