logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.08.14 2020고단446
근로기준법위반
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. in Ulsan Metropolitan City D, who employs three full-time workers and operates a construction business.

1. An employer who has not paid wages to a retired worker shall, when the worker dies or retires, pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working at the construction site of Ulsan-gu F, Ulsan-gu, the working site of the above workplace, from August 29, 2018 to January 29, 2019.

Without an agreement between the parties on the extension of the due date, a total of 8,680,000 won of G wages of retired workers including KRW 3,840,00,000 shall not be paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

2. Unpaid wages for workers while in office shall be paid in full to workers in currency on a fixed date at least once a month;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the total of KRW 8,00,000 to workers H who worked in the above workplace as of July 9, 2018, as shown in the attached Table II, on five days before the regular wage payment date.

Summary of Evidence

1. Defendant's legal statement;

1. The statement that is the authentic statement of each judicial police officer against G, I, B, C, and H;

1. Statement of the duly authenticated representative by J;

1. A petition filed by H and G;

1. Five authenticitys, such as J;

1. Application of the Acts and subordinate statutes on inspection table for output personnel;

1. Article 109(1) and Article 36 of the Labor Standards Act, Articles 109(1) and 43 of the Labor Standards Act, Articles 109(1) and 43 of the Labor Standards Act, the choice of fines for criminal facts

1. Aggravation for concurrent crimes;

arrow