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(영문) 울산지방법원 2014.11.18 2014고정1541
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs the business of manufacturing safety supplies using five full-time workers under the trade name of “C Co., Ltd.” in Yangsan City.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 is working as a guide from June 3, 1997 to June 30, 2013 at the above workplace.

Unused annual allowance of 10,50,000 won from June 3, 2009 to June 2, 2010, the unused annual allowance of 1,129,260 won from June 3, 201 to June 2, 201, and the unused annual allowance of 912,220 won from June 3, 201 to June 2, 2012, the unused annual allowance of 912,220 won from June 3, 201 to June 2, 2013 did not pay 4,11,020 won in total, including the unused annual allowance of 1,019,540 won from June 3, 2012 to June 2, 2013 without any agreement between the parties on the extension date.

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

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

The Defendant is working as a guide from June 3, 1997 to June 30, 2013 at the above workplace.

The retirement allowance of retired D was not paid 29,371,779 won 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 to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. Application of statutes in a written calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of each fine, respectively.

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