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(영문) 울산지방법원 2020.11.20 2020고단2243

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a business manager who employs 15 full-time workers under the trade name of B building C in Bupyeong-si and operates facility security business.

1. The Defendant in violation of the Labor Standards Act is serving as security guards from Jun. 29, 2015 to Dec. 31, 2019 by the Defendant’s company from Ulsanbuk-gu E apartment under the jurisdiction of the Defendant.

The ground for calculation of 28,520,386 won, including 1,989,505 won in December 2019 of retired F, as stated in the attached Table Nos. 1 through 10,14 (except the part concerning retirement pension), including the total amount of wages paid by 11 workers: 40,384,870 won in total, - The total amount of delayed payment of wages for workers Nos. 11,864,484 won in attached Table Nos. 11 through 13 of the total amount of wages paid by 40,384,870 won in total, which is dismissed as part of dismissal of prosecution, was not paid within 14 days from the date on which each of such grounds for payment occurred without an agreement between the parties on the extension of

2. Where an employer who has violated the Guarantee of Workers' Retirement Benefits Act fails to pay retirement pension contributions, he/she shall pay unpaid contributions and interest in arrears to the retirement pension account of a participant worker within 14 days from the date of his/her retirement;

except in extenuating circumstances, the payment date may be extended by mutual agreement between the parties from the time when the grounds for such payment occurred.

Nevertheless, the Defendant is working as above from June 29, 2015 to December 31, 2019.

The grounds for calculating the total amount of unpaid retirement pension and interest in arrears for the F, as stated in the attached Table Nos. 1, 2, 4 through 8, 14, including the unpaid amount of retirement pension and interest in arrears for the F, F, and the total amount of 5,292,084 won: 71,51,317 won in arrears for the total amount of retirement pension and interest in arrears for the employees: 16,219,233 won in arrears for the employees of the attached Table No. 11 through 13, 14, respectively, as of the date of the retirement without agreement between the parties on the extension of the payment period.