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(영문) 인천지방법원 2015.08.12 2014고단9198

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is an employer who has been engaged in medical business by employing 32 full-time workers, who is a substantial manager of the "Dvalescent Hospital" and "D Council Members" located in the building of the building Nam-gu Incheon Metropolitan City.

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, at the above “D” level from June 20, 201 to October 31, 201, did not pay KRW 161,072,689 as well as KRW 1,479,00, such as wages of KRW 27,670 on September 27, 2011 of retired workers E, and wages of KRW 1,451,330 on October 1, 2011, as stated in attached Table 1-3, including KRW 56 and KRW 120,226,125, total retirement pay of KRW 40,846,564, including total amount of KRW 161,07,689, respectively, within 14 days from the date of retirement without an agreement on extension between the parties.

Summary of Evidence

1. Each legal statement of the witness F, E, G, H, I, J, K, L, M, N, P, Q, R, T, and U;

1. Each police protocol of each police officer's statement with respect to GIST, V, W, X, Y, Z, Z, H, E, AB, I, S, T, M, N, N,O, AE, T, AF, AH, AI, AJ, AK, AL, AM, N, AM, AP, AP, AP, AP, AS, ATS, AS, AV, AW, AY, AY, BA, BB, AJ, B, B, B, B, B, U, and BG;

1. AW, BI, BJ, BK, BL, J, K, L, BM, BN, BO, BP, and AP’s statement;

1. Each authentic copy of G, E, H, F, Q, AB, J, K, L, C, M,O, D, AD, AE, AF, AF, AH, AI, AM, AR, B, B, B, B, AS, ATS, AS, AS, AS, AS, ATS, BU, BP, AU, BV, AV, AX, AX, AY, BW, B, B, Z, BC, W, W, W, W, W, X, Y, BY, BY, BY, BY, BY;

1. Each copy of each passbook, each account transaction statement, each benefit passbook, each statement of calculation of each retirement allowance, each fact confirmation, each letter of confirmation and power of delegation, each internal investigation report (the contents of the AMF currency), internal investigation report (the contents of the OCA currency), internal investigation report (the contents of the CA currency), report on internal investigation (the contents of the CB currency), and the application of the law.