beta
(영문) 대전지방법원천안지원 2020.11.09 2019고단1179

근로기준법위반

Text

A defendant shall be punished by imprisonment for six 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 an employer who actually operates C Co., Ltd. in Asan City and runs a manufacturing business using two full-time workers.

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

Nevertheless, the defendant works in the workplace from July 1, 2017 to December 31, 2017.

A retired worker D’s total amount of seven million won, including wage of 3.5 million won in November 2017 and wage of 3.5 million won in December 2017, shall not be paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, and shall work at the relevant workplace as shown in the attached list of crimes.

The total amount of wages of 29 million won for retired workers was not paid without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The statement of each police appellant against D, E, and F;

1. Each written petition filed in D or F;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Articles 109(1), 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); and Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) concerning criminal facts

2. Articles 40 and 50 of the Trade Standards Act for the same worker.

3. Selection of each sentence of imprisonment;

4. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act No. 2, which is the largest table of crimes);

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than four years and six months;

2. The sentencing criteria shall be based on; and