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(영문) 울산지방법원 2018.04.12 2017고단1949
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 1949,” is an employer who runs the manufacturing business of machinery using four full-time workers under the trade name of “C” in Ulsan-gun B. Ulsan-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while entering into a subcontract in Ulsan-si D, Ulsan-si, and retired from the said construction site from December 26, 2015 to April 10, 2016, engaging in the manufacturing, adjacent, and cutting of steel structures at the said construction site; the amount of KRW 71,880 in January 2016; the amount of KRW 2,730,000 in February 2, 2016; the amount of KRW 2,240,000 in March 2, 2016; and the amount of KRW 5,951,80 in April 2016; and the amount of KRW 910,00 in April 14, 2016, without an agreement between the parties on the extension of the payment date.

The defendant of "2018 Highest 184" is a user who has employed not less than three workers at the G located in the racing-si of the Republic of Korea and constructed steel structures.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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, the Defendant did not pay the total of KRW 10,740,00 for three workers, who worked at the above site from October 20, 2016 to December 5, 2016, KRW 3,320,000 for workers H, and KRW 3,00,000 for workers who worked from July 26, 2016 to August 14, 2016, and paid KRW 4,420,00 for workers’ wages, who worked from July 2, 2016 to December 1, 2016, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Each of the defendants;

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