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(영문) 울산지방법원 2020.11.12 2020고단1638
근로기준법위반등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located in Ulsandong-gu B, and is a full-time worker of 140 workers who run a vessel processing 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.

Nevertheless, the Defendant is working for painting from October 9, 2017 to June 20, 2019 at the above workplace.

A total of 29 wages, business suspension allowances, retirement allowances, and retirement allowances, including KRW 13,47,58, were not paid within 14 days from the date of the occurrence of the grounds for payment, without an agreement on the extension of the due date for payment between the parties, as stated in attached Table 2, 4, 6, 7, 18, 21, 23, 26, 31, 36, 38, 40, 48, 49, 52, 54, 59-61, 64, 72, 78, 78, 80, 84, 86, 88, 97, and 101.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the detailed statement of arrears, benefit ledger, current status of attendance at work, detailed statement of calculating average wages, calculation statement of employer's written confirmation;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The suspended sentence under Article 62(1) of the Criminal Act shall be determined as ordered in consideration of all the circumstances revealed in the records, such as the circumstances under the reason for sentencing, age, character and conduct, environment of the defendant, and circumstances after the crime;

The circumstances at a disadvantage: The circumstances that are favorable to the fact that the money and valuables unpaid to workers are large amounts: the fact that the error is recognized and reflected, and the fact that the payment for the completed portion is recognized by the original office due to the depression of the shipbuilding industry does not reach the actual labor cost.

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