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(영문) 울산지방법원 2015.02.12 2013고단3866
근로기준법위반
Text

A defendant shall be punished by imprisonment for four 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 a person who runs a construction business while operating a P company in Ulsan-guO 305, Ulsan-gu. P company.

The Defendant did not pay KRW 7,125,00 of the wages of S (attached Table 14) retired when performing construction work of steel structure within Q Q in the same site from May 30, 2013 to August 31, 2013, without agreement on the extension of the due date between the parties concerned, within 14 days from the date of retirement.

In addition, the Defendant did not pay the total of KRW 13,770,000 to four workers working in the company as set forth in the [Attachment] List of Crimes Nos. 4(T), 7(U), 16(V) within 14 days from the date of retirement.

The Defendant is a person who runs a construction business while operating a X company in Ulsan-gu W. B.

The Defendant, from October 6, 2009 to March 31, 2010, worked as a control official and retired workerY’s wages of 4,638,800 won, and for the same period from the above company to the contact with an employee retired, and worked as an employee 1,818,800 won, and from January 18, 2010 to March 31, 2010, did not pay the amount of KRW 8,058,60,00 of the AA’s wages of 1,60,000, which were retired from the above company, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties.

Summary of Evidence

"2013 Highest 3866"

1. Defendant's legal statement;

1. The police statement of S;

1. A letter of complaint, power of attorney, letter of representative selection, and power of attorney;

1. Details of the money and valuables in arrears and the output-day bulletin "2014 Highest 541";

1. Defendant's legal statement;

1. Statement of the police about Y;

1. A statement of complaint, power of attorney, business registration certificate, and output status;

1. Application of Acts and subordinate statutes on wage calculation details;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act, and choice of imprisonment with labor;

1. Article 37 of the Criminal Code among concurrent crimes.

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