logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.02.15 2015고단2896
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who operates C in Yangsan City and employs 18 full-time workers and operates electronic parts manufacturing business.

From July 1, 2009 to July 24, 2014, the Defendant did not pay 35,623,349 won in total for three workers, including 13,06,512 won in the wages of workers D who worked in the said workplace from July 1, 2009 to July 24, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. A written statement of payment, a written statement of retirement allowance, a written confirmation of acquisition and loss of health insurance eligibility, and a statement of transactions by account;

1. Report on the acquisition of data (all the records of the case of E, F, and D complaint);

1. A table showing the difference between the amount below the minimum wage and the wage;

1. Submission of data (the attendance card);

1. A full statement of the total arrears;

1. A detailed statement of calculation of weekly paid leave allowances and weekly overtime work allowances;

1. A detailed statement for calculation of allowances and application of labor contract Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Articles 9 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Although money and valuables in arrears with the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes do not appear to have been repaid or efforts are not made thereto. On September 20, 2014, the fact that, at the time of withdrawal of the petition on the completion of the statute of limitations, an agreement was made to pay the remaining money and valuables in arrears, but failed to comply with the agreement is disadvantageous to

On the other hand, the confession of crime, and the fact that there is no record of punishment more than qualification suspension due to the same crime is favorable to the defendant.

A punishment shall be determined by taking into account the above all the circumstances, taking into account the favorable circumstances above and the defendant shall not be detained in consideration of the fact that he is an old person.

arrow