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(영문) 부산지방법원 서부지원 2020.06.24 2019고단2321
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 user who runs landscaping planting business as the representative director of C in the fourth floor of the Gangnam-gu Seoul Metropolitan Building, and the above C was subcontracted to KRW 1,258,589,300 of the construction cost of landscaping facilities among the construction work of Busan Seo-gu apartment in Busan Seo-gu, Inc. D.

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

Nevertheless, the Defendant, at the construction site of the above landscaping facility from March 1, 2018 to April 30, 2018, worked as a daily worker and retired worker F's wages of 3,160,000 won, including 19 daily workers, such as 8,170,000 won, and 9,50,000 won, of the wages of the retired worker G while working as a daily worker for the same period as specified in attached Table 1, and 31 employees, such as 58,256,000 won, as specified in attached Table 2, are clearly calculated as 50 employees’ wages and 40 employees’ wages stated in attached Table 2, including 50 employees’ wages, are written in the written indictment for 50 employees. Therefore, it is correct ex officio.

A total of 6,426,00 won was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H, I, J, K, L, M, N, andO;

1. A criminal investigation report (a confirmation of the results of civil litigation filed against the suspect by G et al. and 30 persons, a criminal investigation report (the monetary content with K for reference), investigation report (a correction of the crime sight list of 18 persons, the respondent J et al.), investigation report (the monetary content with K for reference), and data verifying the contents thereof;

1. Application of statutes of the judgment rendered by the Busan District Court (No. 2018Dadan326539) to a specifications of labor cost, a subcontract for construction works, a construction report, a statement of labor cost payment, a dispatch slip, a work log, and a work log

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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