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(영문) 울산지방법원 2018.12.14 2018고정656
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of Ulsan Nam-gu, and is an employer who ordinarily employs four workers and operates a printing business.

When a worker retires, an employer shall pay wages, compensations, retirement allowances, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from November 1, 201 to September 10, 2017, did not pay KRW 5,094,540 in the difference of additional working allowances of D who worked and retired from the said workplace within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A petition or accusation;

1. Application of Acts and subordinate statutes to investigation reports (calculated unpaid money and valuables) (in this case, the fact that the number of hours exceeding the ordinary time exceeds the ordinary time prior to the retirement three months has increased by two times prior to the retirement, or that each night work hours exceeds 122 hours, 143 hours, and 143 hours even around June, 2016, around September, 2016, and the defendant signed his/her signature in the work place where the injured person works as described above, it can be recognized that the injured person has worked in excess as stated in the facts constituting an offense).

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act concerning selective labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of this part of the facts charged is that the Defendant is the representative of Ulsan-gu C who ordinarily employs four workers and operates a printing business.

When a worker retires, an employer shall pay wages, compensations, retirement allowances, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

except in special circumstances.

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