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(영문) 청주지방법원 충주지원 2017.09.15 2017고단601
근로기준법위반
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.

Reasons

Punishment of the crime

The Defendant is the C’s representative located in Seocheon-si B, and is the employer who was awarded a subcontract for the construction of wood and steel bars from F at the “E Building Construction Work” site in Chungcheongnam-si, Chungcheongnam-si, and employed 25 full-time workers.

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, the Defendant, from June 1, 2016 to June 13, 2016, did not pay KRW 486,000 of G’s wages, which were retired from the above field, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 42,203,00 of the wages of 17 workers within 14 days from the date of each retirement without an agreement on the extension of payment deadline between the parties, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each police statement made to H, I, and J;

1. A written petition filed by one and six other;

1. A written petition filed by K and nine other;

1. Certification of the contents of the owner H, application for preservation of evidence, withdrawal, written agreement on the waiver of construction and the settlement of construction cost, power of attorney, and written permission for change of use in large-scale repair

1. Report on the acquisition of investigation data (F submission), inquiry into details of the entry and departure transactions, estimates, the current status of internal calendars and transfers, a statement of transaction partners (includingC), a complaint (Lawsuit of claim for wages), and on-site photographs;

1. A specification of payment of labor costs for daily use, and an announcement of output;

1. Statement of daily payment of labor cost, detailed statement of automatic payment of cash, and business registration certificate (C);

1. Details of additional construction works;

1. A statement on payment of labor expenses for daily use;

1. Details of confirmation of fact, such as telephone;

1. Construction contract (H and L);

1. Inquiries into the results of transactions of deposits and withdrawals;

1. Details on the use of gold in D on-site;

1. General management expenses and total expenses incurred in DNA field;

1. The labor cost of the team leader at the 1st place of the arrears and D on-site;

1. Don-site.

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