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Reasons
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(영문) 울산지방법원 2015.11.27 2015고단2549
근로기준법위반
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual representative of the (ju) E located in Ulsan-gun, Ulsan-gun, who runs the manufacturing business of steel structures using 12 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working in contact with the above workplace from August 23, 2014 to January 19, 2015.

The retired FF’s wages of 1,906,000 won in November 2014, wage of 2,600,000 won in December 2014, wage of 1,885,000 won in December 2015, and of 6,391,000 won in total, and from September 10, 2014 to January 19, 2015.

Labor shall be 7,485,00 won in total, 2,310,00 won in November 2014, 3,675,000 won in December 2014, and 1,50,000 won in January 2015, and 7,485,000 won in September 10, 2014 to January 19, 2015.

H’s 1,750,00 won of November 2014, wages of 2,860,000 won of December 2014, and wages of 1,885,000 won of January 2015, did not pay 6,495,00 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each written petition;

1. A report on the receipt of investigative data;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant is the actual representative of the (ju) E in Ulsan-gun, Ulsan-gun, who is an employer who conducts steel structure manufacturing business using 12 full-time workers.

An employer shall, when a worker dies or retires, do so.

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