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(영문) 창원지방법원 2016.05.31 2016고단557

근로기준법위반등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant of "2016 Highest 557" is the representative of the D Hospital in Kimhae-si C, who employs approximately 40 full-time workers and operates a health business.

From October 22, 2014 to November 11, 2015, the Defendant, while working in the foregoing workplace, did not pay KRW 2,366,150 on September 9, 2015 to retired workers E, within 14 days from the date of his/her retirement without agreement on the extension of the payment period between the parties concerned. < Amended by Presidential Decree No. 26748, Oct. 1, 2015; Presidential Decree No. 26774, Oct. 2, 2015; Presidential Decree No. 26779, Nov. 1, 2015; Presidential Decree No. 25900, Oct. 2, 2015; Presidential Decree No. 25900, Oct

In addition, the Defendant did not pay the total of KRW 198,283,820, including wages, etc. to the total of 29 workers as shown in the attached list of crimes (1) within 14 days from the date of retirement, without the agreement between the parties on the extension of the payment period.

The defendant of "2016 Highest 724" is the representative of the D Hospital in Kimhae-si C, who employs approximately 40 full-time workers and operates a health business.

From October 5, 2015 to February 11, 2016, the Defendant served as the intention of the said workplace and did not pay KRW 11,541,940 on December 12, 2015 to retired workers F, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date of payment between the parties. < Amended by Act No. 1790, Jan. 17, 2016; Act No. 14488, Feb. 6, 2016; Act No. 34,90,210>

In addition, the Defendant did not pay KRW 82,931,151 in total to 12 workers, such as wages, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

Summary of Evidence

"2016 Highest 557"

1. Statement by the defendant in court;

1. Each police statement protocol against G, H, I, J, K, L, M, N, E,O, P, Q, R, and S;

1. Each complaint;

1. Each written petition;

1. Each benefit ledger, each benefit statement, and details of transactions;

1. A written calculation of average wages and retirement allowances;

1. A detailed statement of retirement pay and overdue payment, "2016 high group 724";

1. Statement by the defendant in court;

1. Each of the F, T, U, V, W, X, Y, Z, AA, AB, AC, and AD.