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(영문) 춘천지방법원 2013.04.11 2012고단1253

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative of the D Hospital in Gangwon C, is an employer who runs a hospital using 34 full-time workers.

1. The Defendant worked as the head of the physical treatment office from May 11, 2009 to July 8, 2012, and did not pay the total of KRW 3,548,452 of the wages E of retired workers within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties, and did not pay the total of KRW 58,217,462 within 14 days from the date on which the cause for payment occurred, as shown in the attached crime list, as shown in the attached crime list.

2. The Defendant did not pay KRW 9,598,780 of retirement allowances E of retired workers in the above workplace as above within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties, and did not pay KRW 27,518,119 in total for five employees as shown in the attached crime list without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to F, G, and H;

1. Application of the respective laws and regulations of I, J, H, G, and K

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances to workers E and J); and Articles 44 subparag. 1 and 9 of the same Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances to workers G, H, and K)

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

1. Selection of each sentence of imprisonment;

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

1. The money and other valuables in arrears under Article 62(1) of the Criminal Act;