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(영문) 청주지방법원 2013.09.04 2012고단2317

근로기준법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2012 Highest 2317" is the representative of the medical corporation D Hospital in the Chungcheong-gun C, Chungcheongnam-gun, and is an employer who operates the above hospital using 50 full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement.

Nevertheless, until June 15, 2012, the Defendant did not pay KRW 8,086,720 in total, including wages and retirement allowances, to E employed by the above hospital within 14 days from the date of retirement.

In addition, the Defendant did not pay the total amount of KRW 59,937,150, including the total amount of nine workers, within 14 days from the date of retirement, as stated in the attached list 1 of the crime committed.

The Defendant, “2013 Highest 622,” is the representative of the medical corporation D Hospital in the Chungcheong-gun C, who is a full-time employee and operates the hospital by using 50 full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement.

Nevertheless, until April 18, 2012, the Defendant did not pay a total of KRW 984,220,000 from the date of retirement to the worker F, who worked in the above hospital, within 14 days from the date of retirement.

The Defendant, as well as this, did not pay KRW 268,032,352, including the total amount of 31 workers, within 14 days from the date of retirement, as set out in the attached Table 2 (except Nos. 2 and 33).

Summary of Evidence

"2012 Highest 2317"

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. "Written statements of I, E, J, K, L, M, N,O, and P";

1. Defendant's legal statement;

1. Each written statement of Q and R;

1. Application of Acts and subordinate statutes to the calculation of each average wage and retirement allowance, each ledger of employees' benefits for each D Hospital, and each person's unpaid money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the fact that wages are not paid) and Article 44 Subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.