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(영문) 울산지방법원 2016.01.14 2015고단2876
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is the representative of Q Q in Daegu North-gu P, who runs a sports center using 37 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant employed in the above workplace from October 3, 2013 to April 28, 2015 and did not pay 67,51,352 won in total, including 5,470,66 won, such as wages, other money, etc. of retired workers, and 5,470,666 won, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as stated in the list of crimes in the attached list of crimes.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the defendant employed in the above workplace from October 3, 2013 to April 28, 2015 and did not pay 14,570,660 won, including 3,867,602 won for retirement allowances of retired workers, as stated in the list of crimes in the attached Table, to four employees, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol concerning R or S (No. 15 No. 15 of the evidence list, and 51 of the investigation records);

1. The written statement of the defendant;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1, and Article 9 of the Guarantee for Retirement Benefits of Workers (which refers to the payment of unpaid wages), and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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