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(영문) 울산지방법원 2020.09.25 2020고단494

근로기준법위반

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of operating and operating a manufacturing business, employing 15 full-time workers as the actual representative of C Co., Ltd. on the first floor of building B in Ulsan-gun, Ulsan-gun, Ulsan-gun, and the Defendant is a person in charge of operating and operating a manufacturing business.

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.

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

Nevertheless, the Defendant did not pay 32,787,373 won in total for nine retired workers as well as 32,787,373 won in the attached Form (1) from August 8, 2019 to September 17, 2019, as well as 2,685,170 won in August 2019 of workers D who worked in the said workplace from August 8, 2019 to September 17, 2019, within 14 days from each retirement day, which is the date on which the relevant cause for payment occurred,

The Defendant is a person in charge of business operation and employer who actually employs 30 full-time workers as a representative of the C Co., Ltd. located in the Young-gu, Busan Metropolitan City and operates the manufacturing industry.

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.

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

Nevertheless, the Defendant, at G located in Ulsan-gun, from November 1, 2019 to November 30, 2019, did not pay the total of 30,256,732 won for 11 retired workers within 14 days from the date of each retirement, which is the date on which the cause for the payment occurred, as stated in the attached Form (2) including the details of overdue wages (2), as stated in G, from November 2019 to November 30, 2019, as well as H’s wage 4,50,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement, each statement, and each other;