logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.17 2019고단5979
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four 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 person who operates a manufacturing business with ten full-time workers while operating the management committee of a dispute settlement center in Ssung-si D.

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

Nevertheless, the Defendant did not pay the total amount of KRW 6,960,000 to two workers within 14 days from the date of retirement without an agreement on extension of the due date as listed below.

Work period of 1 F from December 28, 2018 to February 27, 2019.2.3,090,000 G 2 G 2 G 18 December 18, 2018 to March 18, 2019.3,870,000 6,960,000

(b) Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the amount of KRW 1,450,610 paid in November 2018, the amount of KRW 1,386,390 paid in January 1, 2019, the amount of KRW 1,386,390 paid in February 1, 2019, KRW 1,719,190 paid in December 2018, and KRW 1,367,300 paid in December 2018, and KRW 1,365,810 paid in January 1, 2019, KRW 12,57,50 paid in December 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The statement statement of H and I submitted by each petitioner;

1. A written statement of G and F;

1. Application of statutes governing work confirmations;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 43 of the same Act, Articles 109(1) and 43 of the Labor Standards Act, and the choice of imprisonment with labor, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized the error and reflected in the sentencing, the payment of substitute payment for each of the unpaid wages to F and G was completed, and the defendant paid KRW 2 million to H and I in the insurance company in which the defendant was a party.

arrow