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(영문) 광주지방법원 목포지원 2019.02.15 2018고단410

근로기준법위반등

Text

A defendant shall be punished by imprisonment for two years.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

[2018 Highest 410] The Defendant is a medical corporation, which is located in the Republic of Korea, as the representative director of the L medical foundation M medical foundation M medical foundation, and an employer who ordinarily employs 30 workers and operates the medical business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from around May 22, 2017 at the above workplace.

Around July 15, 2017, an employee N’s retirement did not pay KRW 654,510 on June 6, 2017, as well as KRW 125,96,96 on total of 26 wages, as described in the attached list of crimes, and did not pay KRW 125,96,996 on a total of 26 wages within 14 days from each retirement date without an agreement on extension of the due date between the parties.

[2018 Highest 425] The Defendant is a medical corporation, the representative of the L medical foundation M medical foundation M medical foundation, which is located in the Hamyeong-gun, Hamyeong-gun, who ordinarily employs 20 workers and operates the medical business.

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

Nevertheless, from November 17, 2017 to December 1, 2017, the Defendant did not pay the total of 27,363,650 won, including the total of 400,000,000 won on November 1, 2017, and the total of 27,363,650 won on December 201, 207, as indicated in the attached list of crimes, within 14 days from the date of retirement.

[2018 Highest 576] The Defendant is a medical corporation, the representative of the L medical foundation M medical foundation M medical foundation, which is located in the Hamyeong-gun K, who ordinarily employs not less than 20 workers and operates medical business.

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