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(영문) 울산지방법원 2013.11.22 2013고단2504
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual business operator who has been manufactured by being awarded a contract for the ship block with the U.S.-gun T in Ulsan-gun Co., Ltd. with 40 full-time workers in the name of Ulsan-gun Co., Ltd., and is the user.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned.

Nevertheless, the Defendant, at the foregoing workplace from October 5, 2012 to November 17, 2012, served as a person of thought and injury, and retired from the workplace, did not pay KRW 4,025,00 in total of KRW 1,681,250 in the wage balance on October 2012 and KRW 2,493,750 in the wage balance on November 1, 201 of the same year as well as KRW 812,50 in the attached crime list Nos. 5,10,14 in the attached crime list, including KRW 4,025,00 in the wage of three workers within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. On October and November 2012, the Defendant asserts that he/she received the withdrawal of a complaint by paying wages to the said three persons, even if he/she paid wages to the said three persons.

Although there are three signatures in the document to be attached to the defendant's letter of withdrawal of complaint submitted by the defendant, it is questionable whether the signature was completely cancelled from the person concerned, such as the three above three persons and those who signed the above three persons are not subject to any measure such as the letter of withdrawal of complaint and all the other persons who can be seen as being attached to the letter of withdrawal of complaint, and the fact that it is difficult to supplement these defects or to submit a new letter of withdrawal of complaint, even though the defendant granted a reasonable period of time.

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