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(영문) 울산지방법원 2019.11.29 2019고단2089
근로기준법위반
Text

Defendant

A Imprisonment with prison labor for six months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A operates construction business, etc. as the representative director of the Y (ju) in the Seo-gu, Seoan-gu, Western-si, and a person who has been awarded a contract from the Ulsan-gun, Ulsan-gun, for the “Installation Work of Machinery Pipelines” and “De-Nox-Site Construction Work” of the AB (ju) factory in Ulsan-gun, Ulsan-si, and Defendant B was engaged in construction business without a construction business license under the trade name “AD” from the Y (ju), which is part of the above construction work.

1. Defendant B

(a) 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;

Nevertheless, Defendant B, while conducting the aforementioned mechanical pipeline installation works from March 28, 2018 to June 25, 2018, did not pay KRW 8,075,000 to retired workers AE's wages within 14 days from the date of retirement, and did not pay KRW 3,4,8,10 through 14, 16, 18, 19, 21, 24, and 25 once a year in the attached Table of Crimes (1), including the annual number of 1,2,5,6, 7, 9, 9, 17, 20, 23, 26, 27, 27, 28, 28, 29-15 of the same Table of Crimes (1) to employees within 14 days from the date of the extension of the payment period, 14 days from the date of retirement to 15 days from the date of the agreement.

(b) Wages shall be paid in full directly to workers in currency, and shall be paid at least once a month on a fixed date fixed.

Nevertheless, Defendant B, while conducting the said mechanical pipeline installation works, did not pay KRW 10,756,500 in total amount of wages in May 2018 to Workers AF employed from March 29, 2018 to June 25, 2018, and monthly wages in June 2018 as the last day of the following month, which is the regular payment date, as well as the annual payment of KRW 3,4,77,10 in the attached list of crimes (2).

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