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(영문) 대전지방법원 천안지원 2018.11.29 2017고단2651
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

[criminal records] On January 11, 2018, the Defendant was sentenced to a suspended sentence of two years in six months of imprisonment with prison labor due to a violation of the Labor Standards Act at the Suwon Friwon, and the judgment became final and conclusive on January 19, 2018.

[Criminal facts] Defendant is an employer who runs electrical construction business with five full-time workers at C construction site located in B at the time of strike

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

Nevertheless, the Defendant worked at the above construction site from November 28, 2016 to December 29, 2016, and did not pay 12,230,000 won, including wages of KRW 4,860,000 on December 2, 2016 of the retired workers D, and wages of KRW 4,210,000 on December 1, 2016 of the Workers E, and wages of KRW 3,160,00 on December 12, 2016 of the Workers F, within 14 days from the date of retirement without agreement between the parties to the extension of payment period.

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 statement of D and G;

1. A written petition;

1. Previous convictions in judgment: Inquiry of criminal records and investigation records, and application of the text of the judgment;

1. Article 109(1) and 36 of the pertinent Act and the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The fact that the sum of the wages in arrears paid by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act exceeds 12 million won, the number of damaged workers is many, the number of damaged workers has already been punished several times for the same kind of crime: Provided, That the fact that the defendant misleads and reflects the defendant, the fact that the defendant is erroneous, and the fact that the defendant is against the law of labor standards as stated in the judgment, the equity between the case of being tried along with the violation of the Labor Standards Act as stated in the judgment

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