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(영문) 부산지방법원 동부지원 2013.12.10 2013고단2512
근로기준법위반
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A defendant shall be punished by imprisonment for six months.

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

annex.

Reasons

Punishment of the crime

The defendant is the business owner of the D Hospital located in C at the time of macrosc, from February 21, 2013 to the same year.

5. Until March 31, 200, while serving in the above hospital and retired workers E’s wages of KRW 3,948,511 as well as KRW 1 through 3,5 through 10, 12 through 16, 19, 21 through 23, and 25, the total wages of 19 workers were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

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

1. As to the crime falling under Article 109(1) and Article 109(2) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da32788, Oct. 31, 2013) that the defendant, as stated in attached Form 4, 11, 17, 18, 20, 20, and 24, did not pay wages to the worker H, I, J, K, L, and F within 14 days from the date of each retirement. This is a crime that falls under Articles 109(1) and 36 of the Labor Standards Act and is not prosecuted against the victim’s explicit intent. According to each of the written applications for no punishment filed in the records, each of the above workers is found to have expressed his/her intention not to be punished against the defendant on October 31, 201, 201301.

The defendant submitted a written application for non-compliance with punishment prepared in M and E, but the above written application for non-compliance with punishment, such as a copy of identification card or a certificate of personal seal, shall prove that the preparing person directly prepared the written application with the genuine intent of the

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