beta
(영문) 울산지방법원 2013.09.13 2012고단3889

근로기준법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who operates I of Motor Vehicle Parts Manufacturing Business by employing 20 full-time workers in Ulsan-gun H.

When a worker retires, the employer shall pay the retirement allowance, wages, compensation, and other money or valuables within fourteen days after the cause for such payment occurred.

[2012 Highest 3889] The Defendant, while working from the above I to August 6, 2012, did not pay KRW 13,530,108,000,000 to the retired employee J on May 1, 2012, as well as KRW 4,083,333,00,000,000,000 for the wages of 6.0,130,208,000,000,000 won for the wages of 7.0,000,000,000 won for the wages of 664,656,00,000 from the date of retirement without any agreement between the parties on the extension of the due date.

[2013 Godan411] The Defendant works from the above I to October 17, 2012.

Wages and bonuses 13,241,957 won and retirement allowance 2,576,696 won and retirement allowance 2,576,696 won from May 8, 2012 to October 18, 2012, and working from August 8, 2012 to September 18, 2012.

The retirement J's wages of 3,300,000 won from August 2012 to September was not paid within 14 days from the date of each retirement.

Summary of Evidence

[2012 Highest 3889]

1. Defendant's legal statement;

1. Statement to J police officers;

1. Details of the unpaid case; and

1. The statement of payment (Evidence No. 7) of April through August 2012 (Evidence No. 2013, 411);

1. Defendant's legal statement;

1. Each police statement to K;

1. Written Statement;

1. A certificate (No. 4 No. 5);

1. Application of Acts and subordinate statutes to the daily pay ledger for worker-service in August 2012;

1. Article 109(1) and Article 36 of the Labor Standards Act (each wage and bonus is not paid), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The two types of punishment of Article 334(1) of the Criminal Procedure Act are recorded in the facts constituting the crime.