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(영문) 울산지방법원 2016.10.06 2015고정1544
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who is a person in charge of business operation of shipbuilding with 70 full-time workers under the trade name of corporation E in Ulsandong-gu C.

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

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

[2015 High Court Decision 1544]

1. The Defendant has worked as piping hole from December 7, 201 to January 31, 2014.

A retired worker F's annual allowance of KRW 696,00, KRW 627,280, and KRW 1,323,280, and KRW 1,3280, including the annual salary of retired worker F, and KRW 627,280, from November 1, 201 to January 31, 2014.

The retired worker G is employed as piping workers from September 20, 2012 to August 31, 2014, as pipeline workers' annual allowances of KRW 515,200, and from September 20, 2012.

2,378,480 won in total for three retired workers, including annual allowances of H 540,000 won;

2. The retirement pay of the above F is KRW 4,532,655, the retirement allowance of the above G, KRW 6,267,436, the retirement allowance of the above H 2,924,521, and the retirement allowance of the above H from June 27, 2012 to September 30, 2014;

The retirement allowance of retired workers I, including the retirement allowance of 8,979,244 won, was not paid 22,703,856 won in total, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties concerned about the extension of the due date.

[2015 High Court Decision 1576]

3. From February 15, 2012 to August 21, 2014, the Defendant is working as the pipeline team leader at the pertinent workplace.

2,679,432 annual allowances of retired workers J;

4. The retirement allowances of the said J shall be 6,157,682 won, and the retirement allowances from November 1, 201 to December 31, 2013.

Labor of retired workers as retirement allowances of K, 4,754,829 won, and as production workers from February 1, 2012 to June 19, 2014.

A total of 14,964,234 of retirement allowances for retired workers, including 4,051,723 won, shall be extended by each party to the payment.

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