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(영문) 대구지방법원 영덕지원 2014.11.12 2014고정53

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the chief director of the D Hospital, which is located in Young-gun C, and is engaged in medical business with at least 70 full-time workers.

1. When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the fixed period;

Nevertheless, the Defendant, at the same place of business, worked from November 1, 2008 to August 31, 2012 at the same time, did not pay 4,79,272 won in total to 16 retired workers, including KRW 750,00,00, as stated in the table for overdue wages in the attached crime list, for 14 days from the date of retirement without any agreement between the parties on extension of the payment 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 from the date when the cause for such payment occurred, unless the parties have agreed to extend the fixed date.

Nevertheless, the Defendant, at the above workplace from November 1, 2008 to August 31, 2012, did not pay 14 days from the date of retirement to 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, including 4,502,680 won of retirement pay E of retired workers from September 1, 2012, including 4,502,680 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of the accused prepared by a special judicial police officer;

1. Statement of the F/G prepared by a special judicial police officer (labor inspector);

1. Each statement made to H (representative of the petitioner), I (representative of the petitioner), J and K prepared by a special judicial police officer (labor inspector);

1. Lritten statements;

1. Each complaint filed by F and K;

1. Each petition of M, H, L, N, E,O, P, I, Q, and R;

1. H. H.