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(영문) 제주지방법원 2017.12.22 2017고단1730

근로기준법위반

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal history] On February 16, 2017, the Defendant was sentenced to three years of imprisonment by the Jeju District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a violation of the Medical Service Act, and the judgment was finalized on September 7, 2017.

[Criminal facts] The Defendant was the employer who employs 50 full-time workers as the representative of the D Medical Consumer Community Cooperatives in Jeju, and operates the medical service business.

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 did not pay KRW 100,000,000 as wages of January 2016, 2016, the wage of KRW 11,000,000 for March 2016, and KRW 23,00,000,000 for April 2016, to which he/she retired from the said workplace had worked from the said workplace from August 23, 2015 to March 22, 2016, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties (decision to dismiss public prosecution on October 18, 2017). The summary of evidence is the summary of evidence.

1. Statement by the defendant in court;

1. The report by mail of E;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiries into criminal records and criminal investigation records;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the amount of unpaid wages for the reason of sentencing under Article 39(1) of the same Act; (b) the period of employment of workers; and (c) the crime of this case is in a concurrent crime relationship with the crime for which the judgment became final and conclusive under Article 37 of the Criminal Act; and (d) accordingly, the punishment as set forth in the Disposition is determined by taking into account all the circumstances that conditions for sentencing, such as the defendant’s age, environment