beta
(영문) 서울중앙지방법원 2015.08.21 2015고정2293

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 100,000.

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 a medical corporation in Gangnam-gu Seoul, which is the representative of CMedical Foundation, and has operated hospital business using 200 regular workers.

An employer shall deliver workers with a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves, etc. under Article 60 of the Labor Standards Act.

Nevertheless, the defendant employed workers D at the above workplace on March 1, 2013 and did not deliver to D documents stating the above matters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of entry in D and E in the police collective protocol (D, E);

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The gist of the violation of the Act on Guarantee of Workers' Retirement Benefits, among the facts charged in the instant case, of the dismissal part of the prosecution of the provisional payment order under Article 334(1) of the Criminal Procedure Act, is that the Defendant works at the aforementioned workplace from March 1, 2013 to February 28, 2014.

4,793,294 won of retirement allowances of retired workers D was not paid within 14 days from the date when the grounds for payment occurred without an extension agreement between the parties concerned on the date of payment.

This can not be prosecuted against the victim's explicit intent.

However, around August 5, 2015, the victim D withdrawn his wish to punish the defendant after the prosecution of this case was instituted.

Therefore, the above part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.