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(영문) 전주지방법원 군산지원 2015.06.24 2014고단783

근로기준법위반등

Text

Defendant

A Imprisonment for one year, and a defendant medical corporationB medical foundation shall be punished by a fine of 5,00,000 won, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

On January 30, 2015, A was sentenced to five months of imprisonment for a violation of the Labor Standards Act at the Jeonju District Court on March 31, 2015, and the judgment became final and conclusive on March 31, 2015.

[2014 Highest 783] Defendant A is a person who operates a medical service business as an actual manager of the BMedical Foundation E Hospital located in Gunsan-si D.

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.

Defendant

A while working in the above E Hospital on April 10, 2014, the sum of KRW 2,770,510,000,000 paid on January 1, 2014, wage of KRW 291,300, wage of March 2014, wage of KRW 2,045,880, wage of KRW 433,330, wage of April 2014, did not pay KRW 2,770,510 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2014 Highest 940] Defendant A did not pay KRW 1,350,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, while working in the above E Hospital and retired on November 30, 2013.

[2014 Highest 1313]

1. Defendant A in violation of the Labor Standards Act did not pay 40,500,000 won in total, from March 1, 2013 to April 15, 2014, to employees H, who were retired from the said workplace on April 15, 2014, within 14 days from each retirement date without an agreement between the parties on extension of the due date.

2. 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

Defendant

A while working at the above workplace on April 15, 2014, he/she did not pay 5,371,188 won of H's retirement pay to his/her retired worker on April 15, 2014 within 14 days from the date of his/her retirement, without any agreement between

[2014 Highest 1378]

1. Defendant A

(a) Occupational embezzlement Defendant is a substantial manager of the E Hospital D in Gunsan-si, who is the employee’s salary, national pension contributions, and insurance premium payment.