logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
대전지방법원 2016.11.18 2016고단2486
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 17, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor in the Daejeon District Court Seosan Branch on September 2, 2016 and the judgment became final and conclusive on September 2, 2016.

The defendant is the representative of D in Chungcheongnam-si, who is a full-time worker, and operates the steel structure manufacturing business using five full-time 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, from July 1, 2014 to July 31, 2014, the Defendant did not pay KRW 2,340,000 of the wages of 20 workers who were employed in the said workplace within 14 days from the date of retirement and did not pay KRW 66,361,670 in total of the wages of 20 workers who were employed in the said workplace as shown in the attached crime list 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement on each petition;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes entered in the judgment of Daejeon District Court Branch Office 2014 Highest 541

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment on the violation of the Labor Standards Act between the crimes 2 through 15 listed in Table 1 of crime inundations, the punishment on the violation of the Labor Standards Act against the heavier F, the punishment on the violation of the Labor Standards Act against the heavier F, the punishment on the violation of the Labor Standards Act between 16 through 20, and the punishment on the violation of the Labor Standards Act against the heavier E);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the part dismissing the prosecution is dismissed in consideration of the following factors: (a) the reason behind sentencing; (b) the period and scale of payment of wages; (c) the latter part of Article 37 of the Criminal Act; and (d) the latter part of Article 38(1)2 and Article 50 of the Criminal Act (aggravating concurrent crimes with the penalty stipulated in the violation of the Labor Standards Act with regard to the largest F).

1. G, H, I, and J among the facts charged in the instant case

arrow