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(영문) 서울북부지방법원 2016.08.10 2016고단290
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a user who runs a construction business with ten full-time workers in the name of "J" located in the Gangnam-gu Seoul Metropolitan Government I Building 204.

If a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date of the occurrence of the cause for such payment, but the Defendant, despite the fact that he/she worked at the site of the Korea-style Housing Remodelling project located in Jongno-gu Seoul Metropolitan Government, from April 5, 2014 to June 11, 2014, did not pay KRW 4.7 million to the retired worker within 14 days from the date of his/her retirement and did not pay the total wages of KRW 2,265,00 for the total five workers within 14 days from the date of his/her retirement as described in the [Attachment] List No. 4,5,7,8, and 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Standard of Optional Labor (Punishment of Imprisonment);

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

1. The sentencing guidelines under Article 62(1) of the Act on the Suspension of Execution: Unapplicable (the case of filing a prosecution before the enforcement of the sentence on July 1, 2016): The sentence of one year: Imprisonment with prison labor for six months or suspension of execution: A person whose period of suspension of execution is aggravated for two years: A minimum amount of overdue payment of wages (total amount of 2.260,000 won) and accumulated amount of punishment for violation of the Labor Standards Act (total amount of 10 times): The defendant in the charges of dismissing the prosecution, such as confession, is an employer who runs a construction business using ten full-time workers under the trade name of "J" in Article 204 of the Seoul Northern-gu I Building 20.

If a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant, despite the fact that he/she works at the site of the Korea-style Housing Remodelling project located in Jongno-gu Seoul Metropolitan Government, from February 16, 2014 to August 20, 2014, for 14 days from the date of his/her retirement.

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