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(영문) 전주지방법원 2019.02.14 2018고단1925

근로기준법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2018 Highest 1925" is a medical corporation in the Republic of Korea B, which employs 150 workers as the representative of CD convalescent Hospital, and operates the medical business.

1. When an employer who violates the Labor Standards Act due to failure to pay money, valuables, etc. dies or retires of the employee, the employer shall pay 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, from January 4, 2016 to March 31, 2018, the Defendant did not pay 5,485,975 won in total for two retired workers within 14 days from the date of retirement, as described in attached Table 1, 3, 9, as well as 1,14,50 won in February 2, 2018, which was worked at the workplace at the same workplace from February 4, 2016 to March 31, 2018.

2. Wages in violation of the Labor Standards Act due to a regular payment of wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant, from January 2, 2014, did not pay 1,153,545 won in February 2018, as well as 13,15,16,22,30,58,61, and64 won in the attached Table 2, including 34,585,070 won in total of the wages of 8 employees employed in office, by the tenth day of the following month, which is the date of regular wage payment.

3. 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 agreement between the parties in extenuating circumstances.

Nevertheless, from January 4, 2016 to March 31, 2018, the Defendant retired from office as stated in the attached Table 1, 3, 4, 9, 11, and 16, including the amount of retirement pay of E, 4,41,28, working at the same workplace.