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(영문) 울산지방법원 2016.11.25 2016고단3466
근로기준법위반
Text

A defendant shall be punished by imprisonment for a period of eight months and a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a general restaurant using three regular workers at the trade name of Ulsan-gu F from April 2, 2013 to May 30, 2015, with the trade name of “G” from May 31, 2015, and from May 31, 2015 to “H”.

1. If an employee in arrears dies or retires, the employer shall pay him/her wages, compensations, and all other money and valuables within 14 days from the time the cause for such payment occurred;

Nevertheless, the Defendant, at the place of business from December 15, 2014 to January 17, 2015, did not pay 11,919,760 won in total, including 2,450,660 won in wages and other money and valuables of retired workers, within 14 days from the date of retirement, without agreement on the extension of the payment deadline, as shown in attached Table I, 1 to 5, 7, 8, 10, 12.

2. An employer who violates the duty to provide a written statement specifying working conditions shall deliver workers a written document specifying working conditions, such as constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc. when concluding an employment contract;

Nevertheless, when concluding a labor contract with I on December 15, 2014 at a workplace, the Defendant did not deliver to I a document stating working conditions, such as the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave, as shown in attached Table II, while entering into the labor contract with seven employees as shown in attached Table II.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on K, J, L, M, N,O, I, and P;

1. Application of each complaint, each complaint, and each written statement to the Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense: Articles 114 subparagraph 1 and 17 (2) of the Labor Standards Act;

1. The Criminal Act among concurrent crimes.

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