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(영문) 울산지방법원 2019.02.12 2017고단3925

근로기준법위반등

Text

Defendant

A Imprisonment with prison labor for one year and fine for negligence for 5,00,000 won, and Defendant B shall be punished by imprisonment for one year and fine for negligence for 7,50,000 won.

Reasons

Criminal facts

"2017 Highest 3925": Defendants A are the D representatives in Yangsan City C, and Defendants B are the D president, and the Defendants are the users who jointly conduct the business of manufacturing industrial products using eight full-time workers.

1. An employer who violates the Labor Standards Act due to overdue payment of wages shall, if the worker dies or retires, 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, in collusion, the Defendants did not pay 130,870,178 won in total, including 41,430,553 won in E’s wages, which were worked from July 1, 2016 to March 17, 2017 at the above workplace, including 41,430,553 won in total, including 7 workers, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

2. An employer who violates the Labor Standards Act due to failure to pay in writing the working conditions shall, when concluding an employment contract, specify the working conditions under the Labor Standards Act, such as wages, working hours, holidays, annual paid leaves, etc., and the matters concerning the composition and payment method of wages, working hours, holidays, annual paid leaves, etc. among them shall be delivered in writing specifying the matters concerned;

Nevertheless, the Defendants conspired to enter into an employment contract with E, F, G, H, I, J, and K respectively within the said workplace on July 1, 2016, and did not deliver the document specifying the above working conditions.

“2018 Highest 521”: Defendant B

3. The Defendant is an employer who runs automobile parts manufacturing business by employing one full-time worker as L’s representative in Yangsan City C.

When an employer concludes a labor contract, he/she shall do so under the Labor Standards Act, such as wages, working hours, holidays, and annual paid leave.

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