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(영문) 수원지방법원여주지원 2020.10.13 2020고단167
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using 57 full-time workers as the K representative director, a corporation located under subparagraph J of the Pyeongtaek-si I Building.

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 from June 3, 2019 to July 14, 2019 at the construction site of Gyeonggi-gu L.

Wages of 30 workers M, such as workers B, C, D, E, F, G, and H, including wage of 3780,000,000 won on June 2019, were not paid within 14 days from the date of retirement without agreement on extension of the due date between the parties, as shown in the list of offenses (excluding workers B, C, D, E, F, G, and H).

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Written opinion and report on the offender;

1. Report on the criminal place of each written petition;

1. Application of each statute to the statement of M, N,O, and P;

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

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

1. The fact that there are a large number of workers who have not received the reasons for sentencing under Article 62(1) of the Criminal Act, and the unpaid amount of wages is a large amount, etc. shall be considered disadvantageous circumstances;

Considering the favorable circumstances, such as the fact that the contractor does not pay wages to workers because the contract price was not paid by the contractor, the fact that workers seem to have received most of the unpaid wages as substitute payments, and that there is no punishment for the same kind of crime.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

Public prosecution is dismissed as part of the facts charged in this case.

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