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(영문) 인천지방법원 2018.03.08 2017고단7748
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 of "2017 Highest 7748" is an employer who runs a construction business by using four full-time workers, who is the representative director of the corporation C in the Southern-gu B and the third floor of Incheon Metropolitan City.

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

Nevertheless, the Defendant provided his labor from June 15, 2015 to November 22, 2015 to retired workers D’s work and provided his labor from the above workplace from November 1, 2015 to January 21, 2016, and paid the total of KRW 2,306,670,000 of the wages of the retired workers E from January 18, 2016 to January 21, 2016, respectively, within 14 days from each retirement date without any agreement between the parties on the extension of the payment date.

The Defendant of “2017 Highest 7951” is an employer who operated the Incheon Gyeyang-gu F and G Co., Ltd. from around 2014 to October 2016, and operated the interior work by using the number of regular workers.

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

Nevertheless, between around August 22, 2016 and around September 10, 2016, the Defendant provided labor, such as failure, at the site of house remodeling construction works by Nam-gu in Incheon Metropolitan City He and indoor packing mar remodeling works in Seo-gu I, and did not pay the retired workers J’s wages of KRW 400,000 on August 2, 2016 and KRW 508,000 on September 2, 2016, the total of KRW 108,000 on workers’ wages of KRW 40,000 on August 20, 2016, and KRW 100,000 on September 10, 2016, the total of KRW 500,000 on wages of KRW 10,000 on September 14, 2016, without an agreement between the parties to the payment.

Summary of Evidence

"2017 Highest 7748"

1. Statement by the defendant in court;

1. Each written petition "2017 Highest 7951";

1. The defendant's person;

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