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(영문) 울산지방법원 2016.05.13 2016고단445
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who operates C in Ulsan Nam-gu B and engages in construction business using nine full-time workers.

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.

The Defendant, as well as the wage of KRW 2,925,00 of workers D who worked as workers who worked as workers in steel in the construction site of a racing-dong individual housing site (Provided, That the “work period” of workers from Nos. 1 through 10 in the attached list of crimes refers to “work period of overdue wages”, and all workers’ “number of work days” refer to “number of work days” corresponding to overdue wages) did not pay the total of KRW 31,865,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant commits a crime against his/her wrong recognition, the fact that the defendant seems not to have been in arrears with wages in bad faith, the current situation of the business operated by the defendant, and the economic situation of

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