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(영문) 대전지방법원천안지원 2020.08.24 2019고단3032

근로기준법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the C Hospital in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, who operated the hospital using 50 full-time workers.

1. Where a worker dies or retires, the employer unpaid wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

The Defendant has worked at the above hospital from April 8, 2019 to May 8, 2019.

The retirement worker D's wages of 2,191,990 won in April 2019 and 205,894,360 won in total were not paid within 14 days from each retirement date without any agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

2. Where an employer who has not received the advance notice of dismissal intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and where he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

Provided, That the same shall not apply where it is impossible to continue business due to a natural disaster, incident, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.

The Defendant did not pay KRW 2,371,630,550, in total, 74,63,550, as indicated in the attached list of crimes, when dismissing workers E who worked from December 26, 2018 at the same place of business without prior notice on May 8, 2019, and did not pay KRW 2,371,63,550, in addition to the advance notice allowances for dismissal of 25 workers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Z, G, E, H, I, K, K, L, M, M, P, Q, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AE, AE, AF, AH, AH, AI, AJ, AJ, AK, AL, AmM, AP, AP, AP, AS, ATS, AT, AU, and AV.