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(영문) 울산지방법원 2014.09.30 2014고단1317
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a representative of corporation I in Yangsan-si, who is engaged in the fishery food manufacturing business using 19 full-time workers.

The Defendant had worked in the pertinent workplace from October 15, 2012 to December 13, 2013, and had not paid wages of KRW 1,548,374, retirement allowances of KRW 1,256,270 to the J of retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay wages to two workers of the above company as well as retirement allowances to one worker within 14 days from the date of retirement without agreement on the extension of payment period between the parties concerned, such as set forth in [Attachment] Nos. 5 and 6 of the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of K and J;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

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

1. In full view of the circumstances leading to the instant crime, the sentencing of Article 62(1) of the Criminal Act, comprehensively taking into account the circumstances leading to the instant crime, the amount of unpaid wages and retirement allowances, and the fact that the Defendant has no record of having committed the same kind of crime, the sentence is ordered as ordered.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, as the first representative of the corporation H in Yangsan, is an employer who engages in the fishery food manufacturing business using 19 full-time workers.

From September 1, 2008 to November 30, 2013, the Defendant did not pay 8,625,000 won for retired workers B and retirement allowance 14,93,720 won within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

The defendant as well as the attached Form.

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