logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.01.25 2018고단2296
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2018 Highest 2296" Defendant is an employer who operates non-destructive testing business by employing 20 full-time workers under the trade name of "C (main place of origin)" in Ulsan-gu B.

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

Nevertheless, the Defendant, at the foregoing workplace from November 2, 2015 to November 30, 2017, did not pay KRW 1,358,700 of the D's wages and retirement allowances and KRW 7,540,821 of the D's wages and retirement allowances, as stated in the attached crime list, and did not pay KRW 51,762,012 of the wages and retirement allowances of six workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

The Defendant is an employer who operates non-destructive testing business by employing more than 20 workers under the trade name of “C (main) Onnuri Branch Office” located in the Nam-gu B and the second floor of Ulsan-gu.

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.

Nevertheless, the Defendant has worked as a non-destructive testing source from February 1, 2013 to June 30, 2017 at the same place of business.

Retirement allowance of retired E was not paid 8,741,675 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

[2018 Highest 2296]

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A report on the overdue payment of wages by each worker;

1. Each detailed statement of benefits and a detailed statement of benefits;

1. A written calculation of average wages and retirement allowances;

1. Each contract of employment, and

arrow