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(영문) 인천지방법원 2017.10.13 2017고단654
근로기준법위반
Text

Defendant

A shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been awarded a subcontract from B, the actual manager of the G Co., Ltd. to build the F Electric House in Seocho-si as an individual construction business operator.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

The Defendant did not pay 46,720,000 won, including H’s wage of 8,00,000,000 won to 17 workers, who retired from office from office from February 22, 2016 to March 29, 2016, within 14 days from the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment date, as shown in attached Table 1 of the List of Crimes 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A written statement of each of H, I, J, and K;

1. Application of the respective Acts and subordinate statutes to H and eight other, K, J and one other, K and five other, respectively;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against H, the largest punishment for which is provided for in the Labor Standards Act);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines [the types of decisions] - Types 1 (less than 50 million won) (special sentencing factors) (the amount less than 5,00 won) and unpaid wages, etc. due to violations of the Labor Standards Act - In the event that there are particularly extenuating circumstances for the unpaid amount: [the scope of the recommended sentence] mitigation area [the scope of the recommended sentence] from one month to six months [the person subject to general sentencing] reduction area: Serious reflective factors:

2. Whether or not the suspension of execution (main reasons): - Unfavorable criminal records of the same kind (not more than five years, not less than a suspension of execution, or not less than three times), - positive cases where there are particularly extenuating circumstances (general circumstances) - positive cases: Serious reflection

3. The defendant who has rendered a sentence shall be seventeen workers.

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