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(영문) 울산지방법원 2016.08.18 2016고정666
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a user who runs a motor vehicle maintenance business using seven full-time workers as a C representative in Ulsan-gu B lot, Ulsan-gu.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

1. From December 27, 2010 to December 5, 2015, the Defendant did not pay 9,130,930 won in total of wages, annual allowances, and 6,136,850 won in total of wages, annual allowances, and 6,136,850 won in total of wages, annual allowances, from November 29, 201 to December 5, 2015 of workers who retired from the said workplace as an inspector at the said workplace without any agreement on extension of payment date between the respective parties.

2. The Defendant did not pay KRW 9,816,170 of the above D’s retirement pay of KRW 6,848,060 of the above E’s retirement pay of KRW 5,938,540 of the above F’s retirement pay of KRW 5,938,540 of the retirement pay of KRW 14 days from the date of retirement, without any agreement between the respective parties

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Each average wage and each statement of retirement allowance calculation, and each statement of deposit transactions;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to the specifications of overdue debts;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each fine;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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