logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.05.17 2017고단4586
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is an employer who runs a manufacturing business with seven full-time workers as the representative director of “C” corporation in Yangsan-si.

[2017 Highest 4586]

1. The Defendant did not pay KRW 2,351,90 on April 1, 2017 of his/her retired worker D who had worked from around May 16, 2016 to around August 31, 2017; KRW 3,948,490 on May 2017; KRW 3,459,350 on June 2017; KRW 3,506,970 on July 2017; KRW 3,506,970 on August 3, 2017; KRW 439,616,616,950 on July 3, 2017; KRW 3,50 on May 31, 2017; KRW 439,616,49,950 on July 7, 2017; KRW 701,701; KRW 3581,581, May 16, 2017; and

[2018 Highest 549]

2. The Defendant’s workplace from July 7, 2017 to the same year.

9. E’s wages of KRW 26,550,00,00 for E’s wages of up to 30.30, as described in the Schedule of Crimes 2, including those of KRW 26,550,00 for E’s wages of KRW 86,55,00 for workers, did not pay each of them within 14 days from the date of retirement without an agreement on the extension of the payment date

Summary of Evidence

[2017 Highest 4586]

1. Statement by the defendant in court;

1. Written complaints of D, F, G, H, I, J, K, and L;

1. Inquiry of transaction details, wage ledger, labor contract, and copy of passbook [2018 highest 549];

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Each petition and statement of N,O, P, E, Q and R;

1. Details of transactions, wages ledger, and application of the statutes on labor contracts;

1. Article 109 of the Act on Standards for Optional Labor, Articles 109(1) and 36 of the Act on Standards for Optional Labor, Article 44 Subparag. 1 and 9 of the Act on Guarantee of Workers' Retirement Benefits (which means the payment of retirement benefits), and choice of imprisonment for each penalty;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 of the Criminal Act:

arrow