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(영문) 울산지방법원 2017.04.18 2017고단376
근로기준법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The defendant is an employer who operates the manufacturing business of industrial machinery and equipment by utilizing 30 workers at all times while operating E in the D Co., Ltd. located in Ulsan Nam-gu Seoul Metropolitan Government.

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.

Nevertheless, the defendant from January 2, 2015 to the same year.

2. A total of KRW 92,509,567 for 22 employees, as stated in the list of crimes committed in the attached crime, did not pay KRW 5,700,000 to retired workers who worked until 15.15. and did not pay the total of KRW 92,509,567 for 22 employees within 14 days from the date of their retirement without any agreement on the extension of the payment deadline between

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to F, G, H, I, J, K (including M and N)

1. A complaint and a petition;

1. Request for investigation data, E employment insurance business establishment card, submission of data on delayed payment of wages - Primary Company D (State), primary investigation report on suspect 1, secondary investigation report on suspect 2, report on suspect 3 location investigation results, report on suspect 3 location investigation results, response to investigation results on suspect 3 location investigation results, report on suspect's location investigation results, report on suspect's location investigation results, (4th, final),O-A-related confirmations, large machine technology (state)- Investigative Cooperation and Cooperations, and consultation response to the Bank-Investigative Cooperation Council new companies;

1. Application of statutes to each investigation report [the arrest of a suspect (the second arrest of a suspect), (the third arrest of a suspect), (the third arrest of a suspect), and (the fourth arrest of a suspect)];

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against a victim who has the largest penalty for concurrent crimes) of the same Act;

1. The scope of applicable sentences under law: Imprisonment for one month to four years and six months;

2. The application of the sentencing criteria [types] type 2 (50 million won or more, and 100 million won or more) shall apply to wages, etc. in violation of the Labor Standards Act.

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