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(영문) 전주지방법원 2016.11.29 2016고단852

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 is the employer who has run a convalescent business with 94 full-time workers as the representative of the “D Hospital” in the Jeonju-si Seoul Metropolitan City.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

The defendant shall work in a workplace from September 1, 2010 to January 8, 2016.

The retired E’s wages of 3,802,260 won on November 2015, 2015, wages of 3,802,260 won on December 2015, and wages of 1,879,860 won on January 1, 2016, did not pay KRW 9,484,380 on total.

In addition, the Defendant did not pay the total of KRW 238,714,609 of wages of 67 workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The defendant shall work in a workplace from September 1, 2010 to January 8, 2016.

The retirement allowance of retired E was not paid 20,362,520 won.

In addition, the Defendant did not pay KRW 213,244,30 in total, 41 employees' retirement allowances within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, F, H, E, and H;

1. Application of the Acts and subordinate statutes of F, G, and I of the Authenticity;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts.