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(영문) 울산지방법원 2016.02.16 2015고정1731

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who has been employed by eight full-time workers without being registered as a separate business operator and has been performing a wooden construction work under a contract.

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 the total of KRW 2,856,00,000 to two workers, including wages of KRW 1,105,00 during the above-term period from January 24, 2015 to March 2, 2015, and KRW 1,751,00 during the above-term period from January 24, 2015 to March 6, 2015, within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Each authentic statement of D or C (including attached documents);

1. Application of Acts and subordinate statutes to the accused's written statements;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;