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(영문) 울산지방법원 2020.04.14 2019고단5008
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, Nos. 1, 6, 8, and 8 of the attached Table 1. annually.

Reasons

Punishment of the crime

The defendant is a user who operates urban bus transportation business by employing 302 full-time workers as the representative director of the C Co., Ltd. located in Ulsan Metropolitan City Group B.

1. In cases of wages in violation of the Labor Standards Act due to a regular payment of wages, the full amount thereof shall be paid directly to workers in currency, and such payment shall be made at least once a month on the fixed date;

Nevertheless, the Defendant did not pay KRW 2,461,433 on the 10th of each month, a regular wage payment date, including KRW 77,148 in March 1, 2004, as shown in attached Table 1 of the crime sight table 1, 6, 8, 17, 18, 21, 23, 25, and 33 of the worker D, working at the above workplace.

2. Where an employer violating the Labor Standards Act due to a violation of obligation to liquidate money and valuables dies or retires of the employee, he/she shall pay wages, compensations, and other money and valuables within fourteen days after the cause for such violation occurred;

Nevertheless, the Defendant, while working in the above workplace from April 21, 1996 to August 31, 2017, did not pay 2,098,194 won, including 40,766 won in May 201, 201, to 20 workers E, as shown in attached Table 2, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the labor supervision report and the details of payment of holiday work allowances (general and monthly details);

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 43 of the same Act concerning the choice of punishment (violation of obligation to liquidate money and goods, selection of fines) of the same Act, and Articles 109(1) and 43 of

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 700,000 won to be suspended;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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