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(영문) 울산지방법원 2014.05.20 2014고정379
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, the employer shall pay the retirement allowances within 14 days after the cause for such payment occurred.

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

The defendant is the representative of a company B located in Ulsan-gun, Ulsan-gun, who runs a manufacturing business with 13 full-time workers.

1. Without an agreement between the parties on the extension of the due date, the Defendant did not pay KRW 1,612,50 of the wages of KRW 1,612,50 of the worker D in charge of contact work from April 30, 2012 to January 24, 2013; KRW 1,987,500 of the wages of December 2, 2012; KRW 3,825,000 of the wages of KRW 225,00 of the first half of January 2013; and KRW 1,020,000 of the wages of workers E in charge of thought and injury from September 15, 2012 to December 5, 2012, respectively, within 14 days from the date on which the cause for the payment occurred.

2.(a)

The Defendant, without an agreement between the parties on the extension of the due date, shall work in the workplace from June 12, 2012 to January 29, 2013.

A list of crimes in attached Form F, including the amount of wages of 2,250,000 won in November 2012 of retired workers F,

1. Not individually pay KRW 9,977,500, in total, for two retired workers, within 14 days from the date on which each of the causes for the payment occurred, as described,

B. The Defendant, without agreement between the parties on the extension of the due date, is working from June 15, 201 to January 29, 2013.

3,064,390 won of G retirement allowance of retired workers was not paid within 14 days from the date of the occurrence of the cause for such payment.

3. The Defendant did not agree on the extension of the due date between the parties to the above workplace, and the H-H’s work from June 12, 2012 to January 29, 2013, which had been done on November 2012, 201 and the amount of wages of KRW 1,689,375 and December 2012.

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