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(영문) 인천지방법원 2019.01.10 2018고단4015
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.

(e).

Reasons

Punishment of the crime

The defendant of "2018 Highest 4015" is an employer who runs a construction business with 30 full-time workers as a manager of the (ju) D in Singu-si B or C.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from November 1, 2017 to December 31, 2017, and did not pay 3,680,000 won, etc. [Attachment 2018 Ma 1 to November 14, 2017], 16, 19, 24, 25, 27, 27, and 29 as stated in [Attachment 2018 Ma 5,724,00 won, respectively, of 21 workers, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

The defendant of "2018 Highest 5634" is an employer who runs a construction business by employing 30 full-time workers as a manager of the (ju) D in Silung-si B or C.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 5,00,000,000 as of November 1, 2017, to the construction site management at the construction site of a commercial building located in Nam-gu Incheon Metropolitan City, as shown in [Attachment 2018 Highest 5634], as of October 14, 2017 through November 30, 2017, without agreement on the extension of the due date between the parties.

Summary of Evidence

"2018 Highest 4015"

1. Defendant's legal statement;

1. Each written petition;

1. Each fact-finding certificate.

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