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(영문) 청주지방법원 제천지원 2019.09.19 2018고단281
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Labor Standards Act is an employer who runs a construction business with 5 to 6 full-time workers at the site of B remodeling construction works located in the Gangwon-gun. A.

When a worker dies or retires, the employer who has violated the obligation to liquidate money or valuables 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 KRW 300,000,000,000 for wages and expenses of KRW 1120,000,00 in total, and KRW 3.6 million from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached list of crimes, as stated in the B remodeling at the construction site of the Gangseo-gu Seoul Special Metropolitan City from August 30, 2017 to September 15, 2017, as well as KRW 820,000,000 for wages and expenses of KRW 3.6 million in total, as stated in the attached list of crimes.

(b) An employer who fails to provide written labor standards shall clearly state wages, contractual work hours, holidays under the relevant Acts and subordinate statutes, annual paid leaves under the relevant Acts and subordinate statutes, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and deliver written statements specifying the items, calculation methods, and payment method of wages and matters concerning the said working conditions to such workers;

Nevertheless, on August 18, 2017, the Defendant concluded a worker E’s labor contract at the site of the agricultural-ro packing work located in Seocheon-si, and did not deliver a document specifying the working conditions. On August 30, 2017, the Defendant concluded a labor contract with C at the construction site for the B remodeling project located in Gangwon-si, Gangwon-do, and did not deliver a document specifying the working conditions.

2. The Defendant, at around 22:00 on May 31, 2018, had a dispute between the victim H(44 years old) and construction material cost payment.

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