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(영문) 창원지방법원 2021.01.21 2019고단3067
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of business management who runs a construction business by using four full-time employees as the actual representative of C Co., Ltd. located in the window B in Changwon-si, Changwon-si, and is an employer who ordinarily employs 100 workers by receiving subcontracting totaling KRW 65,074,00,000, including additional tax, from E, who was ordered by the National Armed Forces Finance Management Office to perform steel-rein concrete construction works at the location of the 19-1, Jinhae-si, Changwon-si, Jinwon-si, which is located in the 19-

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 2,296,00 in June 1, 2018, wages of KRW 1,230,00 in July, 2018, KRW 410,00 in August, 200, KRW 1,32,50 in November, and KRW 5,945,00 in December, 12, 2018, including KRW 676,50 in December, 200, and KRW 320,340 in December, 340 in arrears of individual wages of KRW 98,00 in December, 200 without agreement between the parties on extension of payment date.

Summary of Evidence

1. Statement of a witness in the police interrogation protocol concerning the defendant's statutory statement G;

1. A written petition and a written statement;

1. Application of the Acts and subordinate statutes to interview reports, specifications of payment, subcontract agreements, reports on the current status of civil engineering works and investigation reports;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (Selection 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 main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Order include the defendant's age, sex, intelligence and environment, and relationship with the victim.

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