(영문) 광주지방법원 2018.11.22 2017고단2949

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(영문) 광주지방법원 2018.11.22 2017고단2949

근로기준법위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 who employs six full-time workers in Seo-gu, Seo-gu, Gwangju, 107 Dong 204 and operates D Co., Ltd. for the purpose of engaging in steel-rein concrete construction business.

"2017 Highest 2949"

1. On May 27, 2016, from around October 2, 2016 to around October 2, 2016, the Defendant did not pay KRW 22,025,00 of the wages of 12 retired workers who worked in the said company, as shown in the list of crimes in the attached Table, as well as KRW 2,710,00 of the wages of 22,025,00 of 12 workers who retired from office, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the respective parties.

"2017 Highest 5340"

2. From August 25, 2016, the Defendant did not indicate the date on which the provision of labor was commenced in the indictment from the above workplace. However, according to the evidence duly adopted and investigated by this court, G and H’s provision of labor to the Defendant can be recognized as being August 25, 2016. Thus, the Defendant added this ex officio.

Workers G wages of KRW 2,00,00,00 of G employed workers who retired from work until September 12, 2016, and Labor H wages of KRW 4,180,000 of workers H were not paid within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

[2017 Highest 2949]

1. Statement of the defendant in the fourth public trial record;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each police statement to F, I, and J (including sub-examination);

1. Each criminal complaint and a petition;

1. A certificate for all the matters to be registered (2017 high group 5340);

1. Entry of the defendant in part in the fourth public trial record;

1. Each legal statement of witness K and L;

1. Statement made by the witness H in the fourth public trial record;

1. A complaint and a petition;

1. Statement made by the police with H (including substitution);