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(영문) 울산지방법원 2015.09.17 2015고단115
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of C in Yangsan City, who operates mechanical facility construction business as the representative director of C in Yangsan City.

The Defendant, “2015 Highest 115” from August 16, 201 to September 30, 2014, did not pay KRW 34,45,439, in total, KRW 19,713,690 of the wages of retired workers D, and retirement allowance of KRW 14,741,749, and KRW 34,45,439, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

In addition, the Defendant did not pay the total of 64,305,448 won of wages and retirement allowances to three workers in the above workplace within 14 days from the date of retirement, as stated in the attached list of crimes (1).

"2015 Highest 494"

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from March 4, 201 to November 6, 2014, did not pay the total of KRW 25,172,80,00, including the wages, other money, etc. of retired workers E, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the attached Table of Crimes (2).

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant served on March 4, 201 through November 6, 2014 in the said workplace and served on July 1, 2011 to June 30, 2014 as retirement allowances of retired workers E, and did not pay 37,231,328, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

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