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(영문) 울산지방법원 2014.02.18 2013고정1373

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, the violation of the Labor Standards Act against B.

Reasons

Punishment of the crime

The defendant is a business owner who is a representative of the Drastop room located in Ulsan-gun, Ulsan-gun, who ordinarily employs four workers and operates food service business.

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

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

Nevertheless, the Defendant is working from January 3, 2013 to January 30, 2013 at the above workplace.

The retirement E's wage of 1,354,830 won in January 2013 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) to attract a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Do148, Apr. 1, 200

1. The Defendant is an employer who is a representative of the Drastop room located in Ulsan-gun, Ulsan-gun, who ordinarily employs four workers and operates food service business.

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

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

Nevertheless, the Defendant is working from August 1, 201 to August 8, 2012 at the above workplace.

Wages of B in August 2012 600,000.