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(영문) 울산지방법원 2017.07.19 2017고단567
근로기준법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

The defendant of "2017 Highest 567" is a representative director of N in Ulsan-gun M, Ulsan-gun, who runs the vessel operation processing business using 100 full-time workers.

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 did not pay 34,059,776 won, including 1,356,524 won in total, including 1,356,524 won in wages, other money, etc. of workers'O retired from the said workplace from May 3, 2016 to May 17, 201 of the same month, within 14 days from the date of retirement, without agreement between the parties to the extension of payment deadline, as in the case of paragraph (1) of the attached crime list.

"2017 Highest 1076"

1. No person who has no status of sojourn eligible for job-seeking activities shall employ any person;

Nevertheless, from August 10, 2015 to August 25, 2016, Defendant A employed Defendant B, a company operating the Defendant in Ulsan-gun P, Ulsan-gun P, to pay Q, R, and S of the Switzerland’s nationality to KRW 2.8 million per month.

2. The Defendant B, at the time and place specified in paragraph 1, employed three foreigners who did not have the status of stay that the Defendant, the representative of the Defendant, did not have the status of stay to work as described in paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

"2017 Highest 567"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement and a written petition "2017 Highest 1076";

1. The legal statement of the proxy of the defendant A and the defendant B

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Unpaid wages, etc. for Defendant A: The employment of a person who does not have the status of stay for the choice of imprisonment under Articles 109(1) and 36 of the Labor Standards Act; Article 94 of the Immigration Control Act.

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