beta
(영문) 의정부지방법원 2017.02.09 2016고단4194

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 employer who runs a construction business with 10 full-time workers as a manager of the office of the C, 505 dong 505 dong 505 (State).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 46,775,00 in total amount of wages of 11 workers, such as the [Attachment 2] Nos. 2 through 12, even though there was no agreement between the parties on the extension of the payment date, within 14 days from the date of each retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each sentence of imprisonment with prison labor (in consideration of the unpaid amount and the fact that the same criminal record exists);

1. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The summary of this part of the facts charged is that the Defendant is an employer who runs a construction business with 10 full-time workers as the actual managers of Chungcheongnam-si, Chungcheongnam-si, 505 and 505 (States) D.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 8,50,00 in total, including KRW 3,30,00 in October 2015, and KRW 2,700,00 in November 2015, and KRW 2,520,00 in December 2015, and KRW 8,550,00 in December 20, 2015, even though there was no agreement between the parties on the extension of the payment date between the parties to each retirement date and December 24, 2015.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act.