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(영문) 울산지방법원 2013.04.11 2012고단2518 (1)
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2012 Highest 2518] The Defendant is an employer who operates D Co., Ltd. with seven full-time workers employed in Ulsan-gu C, Ulsan-gu.

The Defendant worked in the said D Co., Ltd. from May 1, 2005 to January 30, 2012, and did not pay KRW 7,678,98,980 within 14 days from the date of retirement, without agreement between the parties on the extension of the due date of payment between the parties, as total of KRW 1,978,230 on October 1, 201 of the retired workers E, and KRW 2,380,70 on November 1, 201 of the same year, and KRW 3,319,980 on December 12 of the same year.

In addition, the Defendant did not pay the total amount of KRW 57,542,540 to 10 workers, including wages, within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the detailed statement of the money and valuables in arrears of each individual.

[2012 Highest 3784]

1. The Defendant, from around August 2, 199 to August 15, 2012, paid KRW 3,600,000 to retired workers F on October 2, 2010, when the cause for the payment occurred without agreement between the parties to the extension of the due date, while performing pipeline work and field management in the said D workplace.

In addition, the Defendant did not pay the total amount of KRW 53,103,326 of the wages of four workers within 14 days from the date when the cause for the payment occurred without agreement between the parties to the extension of the payment date, such as the statement of the amount in arrears by attached workers.

2. The Defendant did not pay KRW 9,122,529 of retirement allowance for the continuous period of employment of retired workers F at the same time and time as set forth in Paragraph 1, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, H, I, E, J, F, K, L, and M;

1. A written complaint and a written complaint;

1. Application of Acts and subordinate statutes to a detailed statement of calculation of retirement allowances and a written calculation of retirement allowances;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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