logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.18 2019고단506
근로기준법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the representative of the Daejeon Pung-gu B building and the “C” on the first floor, who runs a construction business with 50 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 92,942,00 to 36 workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes, including KRW 967,50 of the E’s wages retired from office from September 29, 2018 to November 29, 2018, at the construction site located in Daejeon P, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the text/statements/Acts and subordinate statutes to the victims entered in each list of crimes;

1. Relevant legal provisions concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act that provide for the choice of punishment, and imprisonment, respectively;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The sum of the prepaid wages is a significant amount, which appears to have been suffering for a considerable period of time, and a considerable period of time has elapsed after the crime in this case was committed, and no agreement has been reached with the workers;

An advantageous circumstance: A person who has no record of criminal punishment exceeding the fine, or who has caused the result of unreasonable business expansion, and there may be some room for consideration of the circumstances leading to the instant crime.

arrow