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(영문) 울산지방법원 2014.02.14 2013고정1371
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is an employer who is a business management officer in charge of collective meal service with the trade name of the company C, a corporation with 35 full-time workers in Ulsan-gu B located in Ulsan-gu, Seoul-gu.

1. 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works as a cook from January 12, 2007 to February 28, 2013 at the above workplace.

The retirement F's 22,708,450 won, including 670,240 won of the annual unused allowance in 2012, as well as 31 workers, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant works as a cook from January 12, 2007 to February 28, 2013 at the above workplace.

The retirement allowance of retired FF, including KRW 5,97,546, did not pay the total amount of KRW 19,409,332 of the retirement allowance of 4 employees within 14 days from the date of retirement where the cause for payment occurred, without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written accusation;

1. Application of Acts and subordinate statutes to the benefit ledger, certificate of remittance, details of confirmation of fact, such as telephone, etc., and report of receipt of data;

1. Article 109(1), Article 36(1), and Article 36 of the Labor Standards Act for criminal facts (not being paid as allowances).

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