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(영문) 울산지방법원 2015.02.13 2014고정1968
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Ulsan Metropolitan City Group B, who runs a construction business with 80 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

The Defendant is working from March 2, 2013 to April 14, 2013 at the foregoing workplace.

D's total wage of 4,656,320 won on March 2013 and April 2013 was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement of E;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The gist of the facts charged is that the Defendant is the representative of the C Co., Ltd. in Ulsan-gun B and runs a construction business with 80 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

The Defendant is working from March 2, 2013 to April 14, 2013 at the foregoing workplace.

In addition to the wages of retired F, the wages of 7 workers were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as described in No. 1, 2, 4, and 8 of the attached list of crimes.

2. We examine the judgment, and this part of the facts charged is Article 109 of the Labor Standards Act.

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