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(영문) 울산지방법원 2020.11.20 2019고단5188

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of the Seoul Special Metropolitan City, Ulsan-gun, who is operating an plant manufacturing business using 15 full-time workers.

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, and when the worker retires, the employer shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from August 17, 2009 to June 30, 2018 at the said workplace and retired from the said workplace, and had not paid KRW 28,350 in the aggregate of KRW 1,377,90 in annual paid leave allowances in 2017, annual paid leave allowances in 2017, and KRW 1,224,880 in the annual paid leave allowances in 2018, and KRW 3,827,750 in the interim paid leave allowances, KRW 23,039,540 in the interim paid-in retirement allowances (before March 1, 2016) and KRW 5,34,010 in the interim paid-in retirement allowances (from March 1, 2016 to June 30, 2018), and KRW 28,350 in the annual paid-in leave allowances within 14 days from the date of the agreement between the parties on the date of payment.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of statutes to workplace cards, employment insurance history records, retirement certificates, annual status of employment contracts, employment rules, employment rules, D wage ledger from April 2018 to June 2018, 2016 to June 2017, details of confirmation of fact, such as telephone, etc. (G), calculation of interim settlement of retirement allowances based on petitioner's assertion, calculation of retirement allowances, and calculation of retirement allowances (Evidence No. 51).

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines

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

1. The Criminal Act for the detention of a workhouse;