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(영문) 춘천지방법원 2019.11.21 2019고단372
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and stated only the punishment for the crime of this case and the crime of ex post facto concurrent crimes among the above judgment.

On August 9, 2018, the judgment became final and conclusive.

1. The Defendant who is not paid wages at the site of construction of a new house B in Seosan is an employer who runs a construction business by employing one full-time worker as an operator of (D) D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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

Nevertheless, the Defendant, from August 17, 2017 to October 31, 2017, worked at the site of new construction of B houses in Seosan-si under the jurisdiction of the said workplace.

A retired worker E’s wage of KRW 4,500,000 as well as KRW 39,450,000,000,000 in total for retired workers as shown in the separate crime list, did not pay each of them within 14 days from the date of retirement without the agreement between the parties to the extension of the payment due date.

2. The Defendant is an employer who, at the new construction site of Taean-gun F, resides in Suwon-si G in Suwon-si and operates a construction business by employing one full-time employee without any particular trade name.

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

Nevertheless, the Defendant is working at a new construction site in Chungcheongnam-gun, Y from October 24, 2017 to November 8, 2017.

A retired employee I’s wage of KRW 2,520,00 for November 2017 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. The witness E’s legal statement 1.

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