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(영문) 대전지방법원 2019.10.11 2019고단1121
근로기준법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with labor for a violation of the Labor Standards Act at the Daejeon District Court on July 18, 2019 and the judgment on July 26, 2019 becomes final and conclusive.

[2019 Highest 1121]

1. The Defendant is the representative of Daejeon Pung-gu building B and “C” on the first floor, who runs a construction business with 50 full-time workers.

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

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

Nevertheless, the Defendant did not pay KRW 11,05,000 for the total wages of KRW 2,40,000,000 for seven workers, as shown in the attached Table 1, as well as the wage of KRW 2,40,00,00 for E, working on December 2, 2018 at the site of studio construction in Daejeon PY-gu, Daejeon, without agreement on the extension of the payment deadline between the parties.

[2019 Highest 2126]

2. The Defendant is the representative of C, as described in paragraph 1, who runs a construction business with 50 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, 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 did not pay 10,410,00 won in total for 14 workers, as shown in the attached Table 2, as well as 190,000 won in F’s wage of 190,000 working on December 10, 2018 at the site of the new construction of the multi-family house located in Daejeon Seo-gu D, Daejeon, without any agreement between the parties on the extension of the payment date, within 14 days from each retirement date.

[2019 Highest 3286]

3. The Defendant is a representative of Daejeon Pung-gu building B, and ‘G' on the first floor underground.

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