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(영문) 서울서부지방법원 2019.01.10 2018고단115
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who employs one full-time worker in Eunpyeong-gu Seoul Metropolitan Government and runs a personal construction business.

Notwithstanding the fact that a worker dies or retires, the Defendant paid all money and valuables within 14 days after the cause for such payment occurred, the Defendant did not pay 8,250,000 won, including the amount of wages of 50,000 won in September 23, 2016 through December 15, 2016, the amount of wages of 3.5 million won in October, 10, the amount of wages of 250,000 won in November, 11, the amount of wages of 1750,000 won in December, and the amount of wages of 1.4 days from the date of the occurrence of the cause for payment without an agreement between the parties to the extension of the due date, as shown in the attached list of crimes, including the amount of wages of 21 workers, which is 53,032,570 won in total, within 14 days from the date of occurrence of the cause for payment without the agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, D, F, and G;

1. Application of each relevant statute;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The amount of unpaid wages exceeds KRW 50 million and did not agree with the victims.

The favorable circumstances: The confession of all crimes of this case and the mistake are recognized.

In addition to the previous convictions of fines, there is no record of criminal punishment.

In addition, in consideration of the defendant's age, character and conduct, environment, circumstances before and after the crime, circumstances of the crime, etc. and various conditions of sentencing specified in the record, the punishment shall be determined within the scope of the sentence specified in the sentencing guidelines, and the execution of the sentence shall be suspended.

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