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(영문) 전주지방법원 남원지원 2014.10.14 2014고단149

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, from March 2012, is a medical corporation located in the Republic of Korea in the Republic of Korea, as the representative director of the Gmedical Foundation H Hospital, who is working for the hospital with 33 full-time workers.

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 the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked from August 1, 201 to January 20, 2014, and retired from office, and did not pay KRW 4,856,450,450 in total, including wage of KRW 1,976,962,962, etc. on November 1, 2013, and retirement allowances of KRW 3,672,260, as shown in the annexed crime list, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination by the police assigned to I;

1. Calculation details of overdue wages, etc., calculation statement of average wages and retirement allowances, disbursement resolution, and certificate of transfer;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of a duty to pay retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act on the grounds that the scale of the total amount in arrears of the instant case is about KRW 300 million, the defendant recognized his

1. Social service order under Article 62-2 of the Criminal Act;