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(영문) 울산지방법원 2015.11.12 2015고단1376
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was engaged in mechanical manufacturing business, such as heat exchange equipment, using 50 full-time workers in the trade name of Jeonbuk-si, Jeonbuk-si, E Co., Ltd.

1. Where an employer violating the Labor Standards Act due to nonperformance of obligation to liquidate money and valuables dies or retires of the employee, he/she shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred;

Nevertheless, from November 26, 2014 to January 10, 2015, the Defendant has been on contact with another workplace.

In addition to the failure to pay KRW 5,830,000 to retired workers, the total amount of KRW 59,205,000 for the total nine workers of the above workplace was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. An employer who violates the Labor Standards Act due to nonperformance of obligation to pay wages shall pay wages to workers at least once a month on a fixed date;

Nevertheless, the Defendant did not pay KRW 1,300,000 for G on December 25, 2015, which had been working as accounting at the said workplace from July 9, 2012, as indicated in attached Table 2, for the total amount of two workers of the said workplace, on the date of regular wage payment, as indicated in attached Table 2, as well as on January 25, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a written complaint;

1. Application of each police protocol of statement to F, H, G, and I;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 109(1) and 43(2) of the Labor Standards Act (a point where the date of regular payment is not paid);

1. Selection of imprisonment with prison labor chosen;

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

1. It is disadvantageous that the scale of overdue wages in the reason of sentencing under Article 62(1) of the Criminal Act is not small.

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