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(영문) 대전지방법원 2012.06.28 2012고정457

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a medical corporation located in Daejeon Dong-gu, the Dong-gu medical foundation Dental Hospital representative, who runs a specialized hospital for senior citizens with 70 full-time workers.

The defendant at the above hospital (1) from March 23, 2006 to December 16, 2010, the total amount of KRW 2,085,721, 208, 2085,721, 206, 306, 615,960, 810, 810, 204, 208, 810, 2008, 305, 206, 305, 206, 305, 206, 305, 208, 206, 305, 206, 207, 208, 305, 205, 206, 305, 206, 205, 206, 208, 200, 204, 2005, 206, 306, 2005, 36, 206, 20.

(6,408,597 annual allowances of 6,408,597 for all three workers). Summary of evidence

1. Each legal statement of witness E, F and G;

1. Partial statement of the witness H in the court;

1. Statement of special judicial police officer H made by H;

1. Annual paid leave calculation details;

1. 각 소득자별근로소득원천징수부(순번 16 내지 20), 각 급여대장(순번 21 내지 24번), 각 하계휴가계획서(순번 25 내지 27번), 각 근태부 사본(순번 28 내지 33), 각 급여명세서(순번 34 내지 36), 각 근무현황표 법령의 적용

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.