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(영문) 울산지방법원 2019.10.23 2019고단1349
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

1. The Defendant in violation of the Labor Standards Act due to delayed payment of wages is a person who actually runs G in Yangsan-si and engages in a manufacturing business by employing 30 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.

Nevertheless, the Defendant worked from February 1, 2018 to June 30, 2018 at the above workplace and did not pay 39,413,869 won in the aggregate of the wages and the annual unused allowances of 19 workers as described in the attached Table I through 4, 7 through 11, 13 through 18, 20 to 23, including the wage 1,890,200 won of retired workers H, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. An employer who violates the Labor Standards Act due to non-delivery of a labor contract shall, when concluding a labor contract, specify the matters such as wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves, etc. under Article 60 of the Labor Standards Act, and shall deliver a written statement specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article

Nevertheless, on February 1, 2018, the Defendant did not deliver a written employment contract to 16 workers as shown in the attached Table II, including the fact that the Defendant did not deliver to workers H a written document specifying the matters such as the constituent items, calculation method, payment method, contractual work hours, etc. of wages when concluding the employment contract with workers H at the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement made to J, K, L, M, H, N, andO;

1. Business registration certificate;

1. Application of the Acts and subordinate statutes to the benefit ledger.

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