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(영문) 전주지방법원 2021.02.03 2020고단321
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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Defendant 321 of 2020 is a full-time worker employed by 15 full-time workers in the JJ in Kim Jong-si I who executes the new KG construction in Jeju.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from May 15, 2018 to February 28, 2019, the Defendant, as well as L’s wage of KRW 4,00,00,00 on January 1, 2019, who retired from the said construction site, did not pay KRW 15,830,000 for the total wages of three workers 15,830,000 = [29,530,000 - The number of wages of KRW 2 through 5,70,70,000 for the crime in which the Defendant expressed his intention to not punish the Defendant ? The Defendant did not pay KRW 13,70,00 for the total wages of KRW 90,900,000 for KRW 90,000,000 for KRW 700,50,000 for KRW 50,505,0150 for retirement days] between the parties without agreement on retirement.

Summary of Evidence

" 2020 Highest 321"

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a detailed statement of account transactions in each police statement made against L, M, or N, J promotional materials and photographs of construction sites, notes, and records of service records;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the amount of unpaid wages, etc. [the category No. 1] 50 million won (the area of recommendation and the scope of the recommended punishment] and the basic area of the recommended punishment [the scope of the recommended punishment], April - August 8 months.

3. The defendant who was sentenced to sentence shall all of the crimes of this case.

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