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(영문) 제주지방법원 2017.12.21 2017고단1527
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative of a private construction business in the Jeju Special Self-Governing Province-Governing Province-Si B at Seopopopo-si, shall be included in two or more facts charged, but shall be corrected ex officio by showing at least five persons on the record.

an employer who operates a construction business by employing a worker of the company.

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 from January 17, 2016 to the new construction site located in Jeju-si C, Seopopo-si, Jeju-si.

3. A worker D, who had worked until February 30, 201, retired as well as KRW 160,000 in February 2016, and KRW 2,000,00 in March 2016, and KRW 41,520,000 in total for five workers employed by the Defendant, as shown in the list of crimes in the attached crime, did not pay within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E, F, and D;

1. Application of each letter of delegation or delegation statute;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to be taken into account all the various conditions of sentencing specified in the instant argument. In particular, the following circumstances reflect: (a) the amount of overdue wages is not significant; (b) the amount of overdue wages is not recovered most; and (c) the Defendant committed the instant crime even though he was sentenced to a fine of one million won by violating the Labor Standards Act at the Jeju District Court on February 26, 2003, including the fact that the Defendant was sentenced to a fine of one million won by violating the Labor Standards Act at the Jeju District Court on five occasions.

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