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(영문) 울산지방법원 2019.05.21 2019고정92
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 the actual representative of a limited liability company D in Ulsan Nam-gu B and C, and is a user who runs transportation business using five full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant is working in the above workplace as a business management work from May 10, 2017 to July 20, 2018.

Re-retirement E’s 1,328,600 won in the wage balance on May 2018, and the same year

6. Wages of 1,573,770 won, and the same year.

7. The employer did not pay 3,44,530 won in total and annual paid leave allowances of 542,160 won within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

2. When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked from May 10, 2017 to July 20, 2018 at the above workplace and did not pay the retirement allowance of KRW 1,850,148 to retired E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. To apply the details of overdue money and other materials on calculation basis to statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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