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(영문) 인천지방법원 부천지원 2017.10.19 2017고단1305
근로기준법위반
Text

Defendant

A shall be punished by imprisonment for four 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

(2) The Defendant, without a construction business license, was employed by the Defendant at the site of Kimpo-si L, M, and N Ba-type tree construction works subcontracted by K Co., Ltd., and did not pay KRW 2727,000 of the O wages of retired workers around April 7, 2016, within 14 days from the date of the above retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol of the oral statement to theO (List 12);

1. Application of Acts and subordinate statutes of the subcontract agreement (List 6), each written confirmation, etc. (List 10, 11), and the list of human resources reports (List 13);

1. Articles 109 (1) and 36 of the relevant Act concerning facts constituting an offense and the Act on the Standards of Selective Labor, and Imprisonment with prison labor;

1. Article 62(1) of the Criminal Act (a) of the suspended sentence (a) does not seem to have any record of criminal punishment except for confessions, reflects, and double-year penalties before or after the twenty-year period, and does not appear to have been malicious or intentional, and there are no circumstances to consider the circumstances leading to the crime, and it appears that the above worker has made efforts to enable the above worker to receive the unpaid wages;

1. The part dismissing the prosecution of the community service order under Article 62-2 of the Criminal Act

1. Summary of this part of the facts charged

A. Defendant A is an individual constructor who operates a construction business without a construction business license using a daily employee. The Defendant was employed by the Defendant at the site of Kimpo-si L, M, and N-type mold construction works in Kimpo-si subcontracted by K Co., Ltd., and was employed by the Defendant around November 14, 2015, the Defendant did not pay 4.95 million won each of the wages of D, E, and F, workers G, H, I, and J, within 14 days from the date of each retirement without any agreement on the extension of the payment deadline between the parties.

B. Defendant B, while performing a new construction work of borrowing a criminal facts stated in the judgment, performed the part of the punishment mold construction work against Defendant A.

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