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(영문) 수원지방법원 안양지원 2017.05.16 2016고단805
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business using six full-time workers while operating (title representative: E and the wife of the defendant) the D Company located in Overcheon-si C.

1. If a retired worker retires from office, the employer in arrear of wages shall pay his/her wages, compensations, and other money or valuables within 14 days after the ground for such payment occurred, and if any special circumstance exists, the period may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant employed by the said D Company from August 10, 2015 to January 30, 2016, and did not pay the total of KRW 45,65,627 of the wages of five retired workers within 14 days from the date of retirement of each employee without agreement on extension of payment deadline, for four months from October 2015 to January 2016, 2016, without any agreement on extension of payment deadline. In addition, the Defendant did not pay the total of KRW 45,65,627 of the wages of five retired workers, as shown in the attached crime list, within 14 days from the date of retirement of each employee without any agreement on extension of payment deadline.

2. The overdue wages of a worker who continues to work shall be paid at least once a month on a fixed date fixed;

Nevertheless, the Defendant did not pay the total of KRW 12,750,000 on September 10, 2015 of G workers who worked for the said D Company from September 10, 2015, as wages of KRW 1,50,000 on September 11, 2015; and KRW 12,750,000 on January 2016, each of the wages of KRW 3,750,000 on January 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G, a written statement of H’s authenticity, and a representative statement of G’s authenticity;

1. Application of Acts and subordinate statutes to the specifications of overdue debts;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor (the point of arrears of wages for each retired worker), Articles 109 (1) and 43 (2) of the Labor Standards Act (the point of arrears of wages for employed workers) concerning facts constituting an offense, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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