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(영문) 수원지방법원 2015.11.12 2015고단691

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the representative of the D Hospital located in the interesting Gu C, is an employer who runs a medical business using 38 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 did not pay the total amount of KRW 21,041,888, including KRW 4,744,413, such as the unpaid wage of KRW 1,139,173, July 1, 2014 and KRW 21,041,88, as described in the separate sheet Nos. 2, 3, and 4, within 14 days from the date on which the cause for the payment occurred, as well as KRW 4,744,413, such as the unpaid wage of KRW 1,173, July 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes of E, F and G of the said Acts and subordinate statutes;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the defendant, as the representative of the D Hospital located in Young-gu, Young-gu C, who ordinarily employs 38 workers and operates a medical business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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’s aforementioned workplace had worked from July 25, 2014 to September 16, 2014, and the total amount of unpaid wages of KRW 1,731,653, August 2014, attached Form 2,841,323.