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(영문) 울산지방법원 2016.03.31 2015고단534
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of AA, a corporation in Ulsan-gun, a corporation in Ulsan-gun, who runs the shipbuilding plant cutting business using 40 full-time workers.

"2015 Highest 534"

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from February 13, 2012 to June 15, 2014 and did not pay the total of KRW 3,857,250, including the total of KRW 3,857,250, and other money and valuables of retired workers AB, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant had worked in the said workplace from February 13, 2012 to June 15, 2014, and had been employed in the said workplace and had been employed in 7,510,834 won for retired workers AB, as well as 1-4, 7-1, 7-11, 14, 25, and 26 the total amount of retirement allowances for 12 employees, as shown in the attached Table of Crimes, did not pay 48,147,832 won within 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline.

An employer of the 2015 Highest 1812 shall, when a worker dies or retires, pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from November 1, 2013 to December 31, 2014, the Defendant agreed to extend the payment period between the parties, including KRW 1,149,120, and KRW 3,003,360 of annual annual allowances of AC retired from the said workplace, as well as KRW 1,6,11,12,14, and 15.

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