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(영문) 의정부지방법원 2017.10.25 2017고단2349
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a personal constructor who resides in the Guri-si J and 703 Do 1805, and is an employer who has been awarded a contract with L (ju) for construction of steel-rein concrete works at the K-built construction site located in Incheon Do to use 30 workers for daily employment.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which 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 KRW 2,150,00 of the M’s wage in May 31, 2014, which was worked at the above workplace from April 10, 2014 to May 31, 2014 at the above workplace, and did not pay KRW 7,975,00,00 in the aggregate of the wages of KRW 12,14,19,26,27,28,28, and 45 of the attached Table, excluding the employees, within 14 days from the date of each retirement, although there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of suspects of the government branch offices of each of the Ministry of Labor having jurisdiction over the accused or N;

1. Each complaint;

1. Statement of each of the complainants at the government branch offices of the central and local employment offices of the central and local employment offices;

1. To arrange the details of each individual arrears, the amount of each arrears, and the details of each arrears;

1. Certificates and certificates of confirmation of transaction details;

1. Application of the statutes governing a subcontract for construction works;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each sentence 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. In addition to the instant crime, the Defendant was sentenced to a fine of five million won for the same place of business in 2015, in addition to the instant crime, for the reason for sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the grounds for sentencing).

The overdue amount was similar to the instant case.

Nevertheless, the trial of this case has been completed without proper resolution. However, the defendant is still in progress after the trial of this case.

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