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(영문) 서울중앙지방법원 2013.12.12 2013고정2955

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the actual manager of C, D hospital and LAE located in the third floor of the Gangnam-gu Seoul Metropolitan Government building B, who is a user of the skin beauty business and medical services using 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working for the pertinent D Hospital from May 18, 2012 to July 7, 2012.

On July 2012, 2012, wages of 265,000 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of F’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: 300,000 won for the first time, the confession is made, the unpaid wages are paid, etc.);