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(영문) 울산지방법원 2014.12.09 2014고정1835

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative director D, Co., Ltd. in Yangsan City, who runs the fishery food manufacturing business using 19 full-time workers.

The Defendant is working in the foregoing workplace from April 16, 2010 to December 31, 2013.

The retirement allowances of KRW 8,625,00 and retirement allowances of KRW 10,448,630 for retired workers E from October 2013 to December 12, 2013 were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties concerned about the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative director of the D&C Co., Ltd. in Yangsan-si, runs the fishery food manufacturing business using 19 full-time workers.

The Defendant is working in the foregoing workplace from February 1, 2013 to December 31, 2013.

The total amount of wages from November to December 12, 2013 to the retired worker B was not paid 2,048,200 won within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. On the other hand, this part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, the victim B has withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, this part of the facts charged pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.