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(영문) 울산지방법원 2014.10.24 2014고정1171
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Corporation C located in Ulsan-gun, Ulsan-gun, who runs a steel plate processing business using 15 full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The defendant shall enter the same workplace on December 1, 201 and the head of production division shall work in the same workplace.

On July 28, 2013, an employee D retired on June 2013, paid KRW 32,503,953 in total, including KRW 3,147,500 on June 6, 2013, and KRW 32,503,953 on employees in arrears, as indicated in the list of crimes in the attached Table, without any agreement between the parties on the extension of the due date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

The defendant shall enter the same workplace on December 1, 201 and the head of production division shall work in the same workplace.

On July 28, 2013, a retired worker D's retirement pay of KRW 5,477,098 was not paid until 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, D, F, and G;

1. Application of the respective Acts and subordinate statutes of H, I and J;

1. The applicable provisions of Article 109(1) and the main text of Article 36 of the Labor Standards Act (the fact that wages are not paid, the choice of fines) concerning criminal facts and the applicable provisions of the indictment in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act are deemed to have been omitted by mistake, and they are added ex officio as there is no impediment to guaranteeing the defendant's right to defense.

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