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(영문) 의정부지방법원 2018.08.22 2017고단5371

근로기준법위반

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 5371" is an individual constructor who resides in Namyang-si B or C, and runs a construction business by employing 16 full-time workers.

1. The Defendant did not pay the total of KRW 14,00,000 to 32 workers within 14 days from the date of retirement without an agreement on the extension of the due date for payment of money and valuables between the parties, as well as KRW 462,50, January 11, 2017, which had worked at the site of construction of a main complex located in Gyeyang-gu in Gyeonggi-gu (hereinafter referred to as the “place of address”) from January 11, 2017 to January 13, 2017, as well as KRW 2,3,5,6,7,100,000, which had been employed by the Defendant during the period from January 2, 2017.

2. The Defendant did not pay KRW 2,120,00,000, which was the total of KRW 440,000 in May 5, 2017, and KRW 1,680,00 in June 24, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date of money and valuables, at three sites, such as the site of construction of a main complex, located in Gyeyang-gu Seoul Metropolitan City (hereinafter referred to as the “place of domicile”).

The defendant of "2018 Highest 69" is a personal constructor who resides in the Namyang-si B or C, and runs a construction business with 15 full-time workers.

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, who was employed by the Defendant, did not pay KRW 3,80,000 as the sum of KRW 2,380,000 in March 10, 2017, and KRW 1,500,000 in May 2017, to G, who worked at the main construction site located in Gyeyang-gu Seoul Metropolitan City F, Seoyang-gu, Seoul Metropolitan City, for the extension of the payment date, even though there was no agreement between the parties on the extension of the payment date, within 14 days from the date of retirement.

The defendant of "2018 Highest 2078" is a full-time employee as a personal constructor who resides in Gyeonggi-do B or C.