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(영문) 부산지방법원 동부지원 2014.09.04 2014고단579

근로기준법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the employer who runs medical business with the trade name of C Hospital in Busan Shipping Daegu.

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, and when the worker retires, he/she shall pay the retirement allowances within the same period.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Around November 14, 2012, the Defendant: (a) had worked as the head of the headquarters of the C Hospital from around June 1, 2011 to around November 14, 2012; (b) had not paid the amount of wages and other money and other valuables and retirement allowances from around October 2012 to around November 201 of the same year; (c) had not paid the total of KRW 1,803,090, retirement allowances and KRW 3,201,898, and KRW 5,004,98; and (d) had not paid the amount of wages and retirement allowances of five workers as indicated in the item No. 1,2,3,11 per year; and (d) had not paid the amount of wages and retirement allowances of KRW 27,67,824 within 14 days from the date of the occurrence of the cause for payment without agreement between the parties to the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of G’s authentic Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. The portion of the dismissal of public prosecution under Articles 70 and 69(2) of the former Criminal Act, as stated in the attached Form No. 4 through 10, shall be paid to workers' wages and retirement allowances within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as stated in the attached Form No. 4 through 10.