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(영문) 울산지방법원 2018.03.20 2017고단4173
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

The defendant is the actual representative of D Co., Ltd., a collaborative company in Ulsan-gu B, Ulsan-gu, who is employed by 50 full time workers and is engaged in the vessel processing business.

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

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

Nevertheless, the Defendant, while working from June 13, 2013 to May 1, 2017, did not pay 18,345,810 won in total for E’s wages and retirement allowances, including 13 employees, within 180,356,710 won in total, as stated in the details of money and valuables in arrears in the attached Form, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to each complaint, each complaint, each complaint, each source of income tax collection receipt, each data collection report (including additional data);

1. The overdue payment of money and valuables under each relevant provision of the Act on Criminal facts: The overdue payment of retirement allowances under Articles 109 (1) and 36 of the Act on Standards for Workers: Articles 44 (1) and 9 of the Act on Guarantee of Retirement Benefits of each worker;

1. Between the crimes provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on each of the crimes committed on the table of sight of crimes 1 through 4, 6 through 8, and 11, and the violation of the Labor Standards Act of each of the previous types of labor standards and the violation of the Guarantee of Retirement Benefits of Workers: The punishment imposed on each of the crimes committed on the violation of the Guarantee of Retirement Benefits of Workers, whichever

1. Selection of each alternative fine for punishment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of violation of the Guarantee of Workers' Retirement Benefits, against I who is the largest offense and offense)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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