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(영문) 서울서부지방법원 2019.05.31 2018고단1812 (1)

근로기준법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Co-defendant C (Separate Declaration of February 15, 2019) is the representative director of Gangnam-gu Seoul Metropolitan Government D Co., Ltd., Ltd., and F Co., Ltd. subcontracted the construction of accommodation facilities located in H in Seopopopopo City, which was contracted to G Co., Ltd. to the said Co., Ltd., and re-subcontracted to J in Seocheon-si, I in which the Defendant actually operated metal works and light quantity construction works.

An employer, when a worker dies or retires, shall pay all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred. However, the Defendant, from June 20, 2016 to October 1, 2016, did not pay 65,735,400 won, including 90,000 won in September 1, 2016, for employees K who worked at the above construction site, within 14 days from the date of retirement without an agreement between the respective parties.

The defendant of "2018 Highest 4160" is a person who is a person in charge of the J's office located in Bupyeong-si I and has engaged in construction business with approximately twenty full-time workers.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date when the cause for such payment occurred, unless agreed by the parties concerned, but the Defendant did not pay 49,853,310 won, including the wages2,367,370 won in September 2016, to the worker M who worked at the site of the Jeju L-based L-based L-based Corporation from August 25, 2016 to December 9, 2016, as shown in the list of crimes in attached Form 2, as well as the wages of 49,853,310 won in total for 8 workers from the date of retirement.

Summary of Evidence

"2018 Highest 1812"

1. Defendant's legal statement;

1. Each police interrogation protocol against co-defendant C;

1. Each police statement made to N orO;

1. "Written statements of B, P, K, and Q 2018 Highest 4160";

1. A witness M.