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(영문) 대구지방법원 상주지원 2017.01.10 2016고단88
근로기준법위반
Text

A defendant shall be punished by imprisonment for 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.

Reasons

Punishment of the crime

The Defendant is an employer who engages in construction business with five full-time workers at the construction site located in the Gyeongcheon-gun D and the Gyeongcheon-gun E in Daegu-gu, and is also an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the total amount of KRW 20,130,000 for five workers from May 8, 2015 to June 10, 2015, as shown in the list of crimes in the separate sheet of crimes, including KRW 2,295,00 of the G retired from the Defendant’s work site from May 5, 2015 and June 10, 2015, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Each investigation data acquisition report, each telephone call, and each investigation report [the defendant's employer is not liable to pay it, but considering the above evidence, it is reasonable to see that the employer who employs the workers in the judgment is the defendant, and the above argument is not acceptable] is applicable to the law.

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards of Imprisonment;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the total amount of damage inflicted on the workers of this case shall not be specified, but the obligation to pay wages to the workers of this case exists on the part of H as well as the defendant, and that the defendant has no criminal record of suspended execution

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