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(영문) 울산지방법원 2020.05.28 2020고정202

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is an employer as a representative of Ulsan-gu B, Ulsan-gu, who runs a manufacturing business with eight to nine full-time workers.

When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and 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, from August 27, 2018 to May 31, 2019, the production management workers in the above workplace have worked.

A retired worker D’s total amount of wages of KRW 2,696,360 of May 2019 and KRW 2,696,360 of June wage, including KRW 5,392,720 of daily wage and KRW 5,392,720 of daily work, shall work from February 2, 2018 to September 16, 2019.

The retired worker E’s wages of KRW 2,938,00 on April 2019, KRW 3,146,00 on May 3, 200, KRW 2,340,00 on September’s wage, KRW 1,521,00 on July’s wage, and KRW 9,945,00 on retirement allowance and KRW 4,321,760 on July’s payment date without any agreement between the parties on extension of payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition and other written statement of D or E;

1. Application of Acts and subordinate statutes to data to be submitted (Evidence Nos. 3 and 6);

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act for Workers E and violating the Guarantee of Workers' Retirement Benefits Act);

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

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