근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the prosecution against the victims stated in the attached list.
Punishment of the crime
The defendant of "2015 Highest 6796" is the operator of the "F long-term care hospital" in Gyeyang-gu Incheon Metropolitan City, the interest of the chairperson of the "D Medical Life Cooperatives" in Gyeyang-gu Incheon Metropolitan City, and the employer who provides medical services using 100 full-time workers.
1. Violation of the Labor Standards Act;
(a) When a worker dies or retires, the employer who has part of the amount payable at the time of retirement shall pay the wages, compensations, and all 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 worked as a nursing worker from March 1, 2014 to April 27, 2015 from “F convalescent Hospital” to “F convalescent Hospital” and did not pay the victims’ wages within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, as well as the total amount of KRW 4,041,00 of the wages of retired workers G.
(b) Wages unpaid during his/her service shall be paid in full to workers in currency directly;
In addition, one wage must be paid at least once a month on a fixed date.
Nevertheless, the Defendant, from the “F convalescent Hospital” to October 1, 2014, did not pay the amount of KRW 2,032,00 in installments wage of KRW 2,183,00 on February 1, 2015, and the amount of KRW 1,755,00 in installments wage of March 25, 2015, which is the 10th day of payment in arrears for each individual, as shown in the attached Table 10th day of payment in arrears. < Amended by Presidential Decree No. 26203, Mar. 25, 2015; Presidential Decree No. 26205, Apr. 25, 2015; Presidential Decree No. 26205, May 25, 2015>
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant’s “F convalescent Hospital” from March 1, 2014 to March 1, 2015.