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(영문) 대전지방법원 논산지원 2014.05.27 2013고단532
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is the chief director of the G Hospital of the I medical foundation in H in Esan-si, who runs a medical service business using approximately twenty-five full-time workers.

1. Violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act due to violation of money and valuables liquidation;

A. The Defendant in breach of his/her duty to liquidate wages at the above workplace was on duty as a radiation company from April 6, 2009 to June 30, 2013, and did not pay wages of 17 workers within 14 days from the date of retirement without an agreement between the parties to the extension of the payment period for the wages of 3,00,000 won, the wages of 3,000,000 won, the annual leave allowances of 2012, the annual leave allowances of 1,524,632 won, and the year-end year-end settlement refund of 2013 as stated in attached Form 2, 3,5 through 7, and 12 through 23.

B. The Defendant in breach of his/her duty to liquidate retirement allowances at the above workplace was working as a radiation company from April 6, 2009 to June 30, 2013, and did not pay 12,176,357 won of retirement allowances of retired workers K, as stated in attached Form 2, 3, 5, 6, 11, and 18, 12 retirement allowances from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The Defendant violated the Labor Standards Act due to the overdue payment of wages at the pertinent workplace, which was not paid KRW 2,543,791 on May 5, 2013, 2013, totaling KRW 1,496,352, annual leave allowances for May 1, 2013, KRW 837,129, annual leave allowances for year 2012, and KRW 2,543,791, which was the said regular payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer on M, N,O, and P;

1. Application of each Act and subordinate statute to the employees’ petition, power of attorney, each average wage and retirement allowance calculation statement, each statement of overdue money and other valuables, and each copy of each benefit ledger;

1. Each of the Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense (a violation of obligation to liquidate wages).

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