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(영문) 울산지방법원 2015.12.17 2015고정1002
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2015 Goi 1002"

1. The Defendant is an employer who employs 15 full-time workers in Ulsan-gun B without a specific trade name and operates a shipbuilding vessel manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the foregoing place of business, worked from December 1, 2014 to December 31, 2014, and retired C’s wages of December 2014, as well as KRW 13,808,50,000, in total, for four retired workers, was not paid within 14 days from the date of each retirement without an agreement on extension of the due date between the parties, as described in attached Table 1 of Crimes List 1.

"2015 Highest 1841"

2. The Defendant is a user who operates the “E” with 39 full-time workers in Gunsan-si D and operates the vessel block manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the above workplace and retired on September 30, 2014, did not pay 30,129,360 won in total for 17 workers as shown in the attached Table 2, as well as 1,772,00 won in September 9, 2014, within 14 days from the date of each retirement, as shown in the attached Table 2.

3. The Defendant, as the actual management owner of E in Gunsan-si D, is an employer who runs a manufacturing business with 39 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from July 9, 2014 to September 30, 2014 at the same workplace.

G retired KRW 1,057,000 of wages, September 2014, and from August 20, 2014 to August 20, 2014.

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