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Reasons
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(영문) 울산지방법원 2016.08.26 2015고정1619
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2015 High 1619" is an employer who runs a general restaurant by ordinarily employing seven workers under the trade name of "E" at D located in Ulsan-gu, Ulsan-gu.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 1,962,672 won for paid leave workers, 1,717,38 won for paid leave allowances, 2,413,224 won for unpaid paid leave allowances, 2,85,985 won for unpaid retirement allowances, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment deadline.

The defendant of "2015 High 1747" is an employer who employs seven full-time workers in the name of "E" located in Ulsan-gu D, Ulsan-gu, and operates a general restaurant.

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.

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

Nevertheless, the Defendant did not pay KRW 4,037,260 of G retirement pay from June 10, 2013 to February 13, 2015 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

"2015 High Doz. 1619"

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the petitioner, protocol of the statement by the petitioner, protocol of the statement by the respondent, protocol of the truth and protocol of the true testimony by the respondent;

1. Reporting on the results of an investigation to "2015 high-level 1747";

1. Partial statement of the defendant;

1. The witness G’s legal statement

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