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(영문) 부산지방법원 2016.06.28 2015고단5878
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a representative of D Construction Co., Ltd. located in Busan Jin-gu, 104 Dong 201, who runs a construction business by using 26 full-time workers at the construction site of Geum-gu, Busan.

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 8, 2014 to January 29, 2014, failed to pay KRW 1,800,000 to retired workers who worked under the jurisdiction of the pertinent workplace, within 14 days from the date of retirement, without any agreement on the extension of the due date for payment between the parties, and without any agreement on the extension of the due date for payment between the parties, and without any agreement on the extension of the due date for payment between the parties, the Defendant did not pay KRW 37,135,000 for the total wages of 26 retired workers within 14 days from the date of retirement.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A statement of the actual representatives of F, G, and H;

1. Each written petition;

1. Orders to correct violations of labor-related Acts and subordinate statutes, and application of construction business registration certificates;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Imprisonment);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes provides that the total amount of unpaid wages paid to 26 full-time workers who are disadvantageous to the sentencing of the punishment is KRW 37,135,00, and there is no effort to agree with the victimized workers that the economic suffering would have been considerable, and that there is no effort to agree with the victimized workers. In other words, there is no criminal history beyond the fine exceeding the punishment of a fine exceeding the fact that there is a favorable normal error that there is a record of being punished twice for the same crime in 2013 and 2014.

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