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(영문) 수원지방법원 2020.02.04 2019고단7594
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is an individual constructor who employs a daily worker without regular workers and operates a construction business as necessary.

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

The Defendant worked at the site of Mapo-gu Seoul Metropolitan Government during the period from August 10, 2016 to September 14, 2016, and did not pay KRW 82,685,00,000, total amount of wages of KRW 1,900,00 on August 8, 2016, to be retired C, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on filing of a complaint;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of imprisonment with prison labor

1. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include 32 employees in arrears, the total amount of wages reaches 8,2680,000 won, and the employees did not pay wages in arrears even after a considerable period of time has elapsed since the occurrence of the case, and the defendant had four criminal records for the same kind of crime, a sentence shall be imposed against the defendant, taking into account the following factors: the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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