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(영문) 울산지방법원 2014.11.25 2014고정1473
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of Ulsan-gun Group C in Ulsan-gun, who runs a general restaurant business with one regular worker.

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 as ice-related business from March 10, 2013 to May 31, 2013 at the same place of business.

D's total amount of wages of 1,700,000 won in April 2013, and 3,183,870 won in May 2013, 2013, including wages of 1,483,870 won, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, 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 the draft D;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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