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(영문) 창원지방법원 2017.01.24 2016고단131
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, a user who runs a construction business under the trade name “D” in the Gu of Chang-si, Changwon-si, was awarded a contract for “F new construction works” located in E in the Chang-si, Changwon-si.

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 did not pay the total of KRW 17,590,000 to 21 workers within 14 days from the date of retirement without an agreement on the extension of payment date between the parties, as shown in the list of crimes in the attached Table, including the fact that the Defendant worked in the said F new construction site from January 24, 2014 to March 19, 2014, and did not pay KRW 340,000 to retired workers G in March 2014.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Each written statement of L, M, N, andO;

1. Each investigation report;

1. Each petition, each complaint, each detailed statement on arrears of wages for each individual, each detailed statement on payment of expenses for daily labor, each statement on payment of money and valuables for each individual, each statement on payment of expenses for labor, each statement on payment of expenses for labor, each average wages and retirement allowances, a statement on the calculation of wages and retirement allowances, a statement on direct payment of wages, a statement, etc., power of attorney, standard contract for construction works

1. Application of Acts and subordinate statutes on corporate registers, business place cards;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards 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. The fact that the defendant in the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the past record of being sentenced to a fine three times for the same crime, but that the amount of wages which has not yet been liquidated is not so small shall be a full-time position disadvantageous to the defendant: Provided, That

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