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(영문) 전주지방법원 군산지원 2016.01.18 2015고단698

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who operates a D Medical Consumer Cooperatives with eight full-time workers in Gunsan-si, and operates a health business.

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

The Defendant, while working at the above workplace and retired on April 19, 2015, did not pay KRW 33,898,110 in total for eight workers as indicated in the list of crimes in the attached Table, as well as KRW 12,00,000 on March 3, 2015, within 14 days from the date of each retirement without any agreement between the respective parties on the extension of payment dates.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement statute to F, G, H, I, and E;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) in consideration of the fact that most of the victims except the victims E who served as a doctor would be repaid by the execution of seized medical care benefit claims, etc.