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(영문) 울산지방법원 2019.08.14 2019고단1457
근로기준법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the user who runs a construction business as the representative of the Co., Ltd. C in Yongcheon City B.

The Defendant is working at the foregoing workplace from December 20, 2016 to March 31, 2018.

2,469,342 won of retirement allowances of retired workers D, and the total sum of KRW 1,200,000, and KRW 5,544,342 won of the total sum of KRW 1,875,000 of wages of June 2018 and KRW 5,544,342 of the retirement allowances of retired workers D from May 1, 2018 to June 28, 2018, were not paid within 14 days from the date of retirement without agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Guarantee of Workers' Retirement Benefits Act, which applies to facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion dismissed by dismissal of the sentence as ordered by the court, considering all the circumstances revealed in the records, including the defendant's age, character and conduct, environment, relationship with victims, motive, means and consequence of the crime, circumstance after the crime, etc., the reason for sentencing under Article 334 (1) of the Criminal Procedure Act, the circumstance and amount of delayed payment of wages, the period of delay in payment, the defendant's criminal punishment power exceeding the same kind of power or fine is nonexistent.

1. The summary of this part of the facts charged is the employer who runs a construction business as the representative of the Co., Ltd. C in Yongcheon-si.

The Defendant is working at the foregoing workplace from March 1, 2016 to January 17, 2018.

The total amount of 45,703,695 won of wages and retirement allowances for six workers, such as retirement allowances of E, 5,781,602 won, shall be 45,703,695 won, without any agreement between the parties on the extension of the payment date.

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