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(영문) 인천지방법원 2019.07.11 2019고단1746
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a user who operates a construction business by employing a daily worker at a building C subparagraph D company of Incheon reinforced Group.

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.

From May 11, 2018 to July 25, 2018, the Defendant provided labor at the construction site for Eshshion and did not pay KRW 8,310,000 of the retired workers F from June 201 to July 2018 without an agreement on the extension of the due date between the parties, within 14 days from the date of the retirement, and did not pay KRW 55,208,000 for the total wages of 13 workers within 14 days from the date of the retirement, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Written petition and power of attorney of the victims;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 109 (1) and Article 36 of the Labor Standards Act and the choice of imprisonment with prison labor concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Violation of the Labor Standards Act: Unpaid amount such as wages, etc. [type 2] 50 million won or more, less than KRW 100 million [Special Sentencing] below KRW 100 million: Reduction element: where there are particularly extenuating circumstances in the event that there are reasons for the reasons for the failure (in particular, the scope of the recommended area and the recommended sentence] mitigation area (the scope of the recommended area and the recommended sentence], one month to August of imprisonment

2. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (the amount of unpaid wages, the grounds for the above sentencing, and other factors such as the criminal records, age, character and conduct, environment of the defendant, motive of the crime, circumstances before and after the crime, etc.);

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