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(영문) 인천지방법원 2018.11.30 2018고정2033
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd., which is located in B 203 at the time of strike, and is an employer who runs a steel-rein concrete construction business with ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 worked as a tree in the multi-household construction site located in Dongdaemun-gu Seoul Metropolitan Government from July 13, 2017 to July 17, 2017, and did not pay 18,900,000 won in total of seven retired workers as indicated in the attached crime list, including 450,000 won in July 2017, to seven retired workers, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes on the output file, wage ledger and wage ledger;

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the number of workers who have not received the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, total amount of overdue wages, overdue period, etc., and the circumstances in which workers have received substitute payments from the Labor Welfare Corporation unless there are circumstances under which the defendant paid the amount of indemnity to the Labor Welfare Corporation, shall not be considered as favorable sentencing factors.

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