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(영문) 의정부지방법원 고양지원 2019.09.04 2019고단710

근로기준법위반등

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

except that 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

The Defendant is a user who employs workers as the operator of Pyeongtaek-si Co., Ltd. in Pyeongtaek-si B and engages in construction business, etc., and the Defendant was awarded a contract for the construction and repair of D factories at the time of sowing-si (hereinafter “instant site”).

1. Although wages in violation of the Labor Standards Act due to delayed payment of wages are paid at least once a month on a fixed date, the Defendant did not pay KRW 3,390,000 for June 31, 2018, which is an employee working at the site of this case, and KRW 2,25,000 for June 6, 2018.

2. In case where an employer violates the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits by failure to pay any money or valuables, the employer shall, in case where the employee dies or retires, pay such money or valuables as wages, retirement allowances, etc. within fourteen days

Nevertheless, the Defendant, from August 28, 2017 to September 10, 2018, did not pay the aggregate of KRW 15,136,601, G wages and retirement allowances, which were employees worked at the instant site, within 14 days from the date of retirement as the date of payment, without agreement between the parties to the labor contract on the extension of the date of payment.

In addition, the defendant from June 6, 2018 to the same year.

9. Until October, 90, the total amount of 68,951,601 of wages and retirement allowances of 15 workers was not paid in the above manner, as shown in the list of offenses (1) as shown in the attached Table (1).

The Defendant employed workers as the operator of Pyeongtaek-si Co., Ltd. in Pyeongtaek-si B and runs the construction business, etc., and the Defendant was awarded a contract with the said company for construction and repair work sites of D factories at the time of sowing-si (hereinafter “instant site”).

An employer shall, when a worker dies or retires, do so.