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(영문) 울산지방법원 2017.09.14 2016고단3839
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【2016 Highest 3839 【Defendant A” is the representative who was operated from January 27, 2014 to August 31, 2015 in Ulsanbuk-gu E.

An employer shall pay wages at least once a month on a fixed date.

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.

A. From January 27, 2014 to January 10, 2016, the Defendant did not pay wages of KRW 2750,000,000 on November 1, 2014, and KRW 3 million on the 25th day of each month, each month, from December 27, 2014 to August 2015.

B. From May 2014 to August 30, 2014, the Defendant did not pay KRW 9.550,000 to workers H’ wage working in the said workplace within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

[2017 Highest 769] On October 13, 2005, the Defendant purchased one real estate (hereinafter “I real estate”) from Ulsan-gu, Ulsan-gu, Seoul-do, and entrusted it to KB Real Estate Trust Co., Ltd., and carried out the development project for the said real estate.

On the other hand, around August 2014, the bankruptcy of Solomon Savings Bank, which loaned the said real estate purchase fund, transferred the said real estate to the name of the K Housing Association around July 6, 2015 and around June 21, 2016. The K Regional Housing Association designated L Co., Ltd. (hereinafter “L”) for the said real estate development company and the seller of multi-family housing.

1. On August 2015, the Defendant interfered with the duties of the lieutenantman, who was at the construction site of the victim L (representative M) located in the north-gu Seoul Metropolitan City, Ulsan Metropolitan City, on August 2015, and the fact is that the said apartment development project is a normal apartment development project.

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