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(영문) 울산지방법원 2015.05.14 2015고단114
근로기준법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the business of manufacturing and installing ship pipelines in the name of a limited company C in Yongnam Cancer B.

The Defendant, while taking charge of material business from October 22, 2013 to May 31, 2014, did not pay KRW 893,800 of the retired workers D wages within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 78,034,524 to the total of 35 workers of the above workplace within 14 days from the date of retirement, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Written statements of G, H and D;

1. Each written petition and each written report on delayed payment of wages;

1. Labor contract, resignation, the ledger for four-month salary, the card for four-month work, the card for five-month work, the card for six-month work, and the wage ledger for June 2014;

1. Application of statutes on business registration certificate and total certificate of registered matters;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

1. Of the concurrent crimes, the fact that there is no record of the same crime committed against the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes, that the defendant is led to confession and reflect, and that considerable portion of the payment of substitute payment for the victimized workers is expected to be made.

However, even though the total amount of overdue wages exceeds 78 million won, there is no serious effort to repay or recover damage, and it seems that workers were unable to receive wages from the defendant and suffered considerable economic suffering. It is ordered in consideration of the legislative purport of the Labor Standards Act, which imposes criminal liability on unpaid wages, and intends to ensure that workers maintain their livelihood with normal wage and receive legitimate labor compensation.

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