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(영문) 수원지방법원 여주지원 2019.05.24 2018고단757

근로기준법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

The Defendant is an employer who has employed 280 workers as the representative of the C(State) in Young-gu, Suwon-si, and carried out the “E New Construction Project” in thischeon-si.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working at the same construction site from August 26, 2017 to September 2, 2017.

In addition, F’s wages of 240,000 won on August 8, 2017, wages of 120,000 won on September 2017, and total of 360,000 won on September 20, 2017, employees who retired were not paid KRW 13,26,34, 36, 39, 40, and 45 on the attached list of crimes, work at the above construction site.

6,545,040 won in total for seven retired workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. Application of Acts and subordinate statutes on payment records of daily labor expenses;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is decided as above by comprehensively taking account of the following factors: (a) the period of suspended execution of punishment under Article 62(1) of the Criminal Act is the time of and against the sentencing; (b) agreements with most workers listed in the annexed list of crimes; (c) the total amount of unpaid wages; (d) efforts to reach agreements; and (e) there are no other criminal records except the punishment of fines once due to the crime of this type; and (e) the Defendant’s age

Of the facts charged in this case, the remaining workers, excluding those listed in the annexed Table No. 13, 26, 34, 36, 39, 40, and 45, who are dismissed from prosecution, shall be punished by the defendant.