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(영문) 울산지방법원 2016.08.18 2015고정432
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of C of a stock company in Ulsan Nam-gu B building 307, who is an employer as a person in charge of the business of developing and manufacturing electric products, such as radio communication equipment, using five full-time workers.

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

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

1. The Defendant did not pay wages of 11,250,000 won during the five-month period from April 25, 2008 to August 21, 2014 to the Research Development Institute, such as a lightning Notification Period, and did not pay wages of 4,50,000 won during the two-month period from August 25, 2012 to December 2013 of the same year between retired workers D, and wages of 11,250,000 won during the five-month period from August 2013 to December 12 of the same year, and wages of 1,00,000,00 won during the six-month period from July 2, 2014 to August 2014, to 765, 206, and refund money of 206,000 won during the six-day period from August 26, 2014 to August 2013.

2. The Defendant did not pay KRW 13,930,165 of the aforementioned D retirement pay within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. A written confirmation of payment of wages and a written confirmation of payment;

1. Inquiries about details of payment transactions;

1. Copy of business registration certificate;

1. A written calculation of average wages and retirement allowances;

1. Application of statutes on a copy of employment contract;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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