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(영문) 광주지방법원 목포지원 2016.10.11 2016고단821
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is an employer who is a personal constructor who ordinarily employs five workers at nine sites, such as new construction works, etc., of the 2016 Highest 821 (Seoul Highest 201) and constructs steel, concrete, and wooden parts;

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total of KRW 29,225,000 to 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including KRW 595,00,00, which was employed by C from April 24, 2015 to May 4, 2015 by the said workplace.

2. The defendant is an employer who, without registering his/her business, has been awarded a contract for a construction work of wood-si D and Gwangju-gu E commercial buildings with four regular workers at all times without registering his/her business.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement unless there exists an agreement on the extension of the due date between the parties concerned.

Nevertheless, the Defendant, from October 28, 2015 to November 1, 2011 of the same year, worked in the said workplace and worked in the same period as wages of KRW 900,000 in October 2015, and did not pay KRW 1,440,000 from the date of retirement to the lapse of 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of H, F, and G with respect to H, I, J, K, C, L, M and N, and accompanying documents;

1. Application of each relevant statute;

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

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