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(영문) 서울북부지방법원 2018.04.05 2017고정1425

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the D Senior Medical Center in Seoul Special Metropolitan City, Nowon-gu, who employs 15 full-time workers and operates the medical care service business.

1. The Defendant in violation of the Labor Standards Act was working in the said workplace from December 16, 2014 to June 15, 2016, and did not pay the total of KRW 9,366,302, including the total of KRW 46,564, and the total of KRW 11,597,836, including the total of KRW 9,366,302, and retirement pay 2,231,534, including the total of KRW 11,597,836, from the date of retirement, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount; and

Nevertheless, from December 16, 2014 to June 15, 2016, the Defendant did not pay KRW 9,366,302 in aggregate of the minimum wage amount as stated in the attached crime list, such as wages of KRW 46,564, etc., to E, retired workers E who were working in the same workplace.

Summary of Evidence

1. Legal statement of witness E;

1. A copy of each labor contract;

1. A copy of the benefit ledger, a detailed statement of benefit transaction, a copy of the detailed statement of benefit, a detailed statement of calculation of goods and valuables, a receipt at source of retirement income, and details of wage adjustment;

1. Application of Acts and subordinate statutes to the patrol and management ledger at night;

1. Article 28(1) and Article 6(1) of the Minimum Wage Act (which means the payment of the minimum wage), Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (which means the payment of the unpaid amount of retirement), Articles 109(1) and 36 of the Labor Standards Act (which violates the obligation to liquidate money and other valuables);

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;