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(영문) 광주지방법원 2015.06.04 2015고단345
근로기준법위반등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a full-time employee who runs a dental care hospital in the Jeonnam-gun C, with 120 full-time employees.

1. Where an employee retires, the employer shall pay wages within 14 days from the date of retirement unless there is an agreement between the parties to the extension of the due date for payment. However, the Defendant did not pay wages of KRW 1,979,940 as of September 1, 2014 of E employed from September 1, 2012 to September 30, 2014 at the above workplace, and did not pay the total of KRW 168,546,360 of wages of KRW 102 of workers as shown in the attached crime list (1).

2. If an employee retires, the employer shall pay the retirement allowance within 14 days from the date of the retirement unless there is an agreement between the parties to the extension of the due date for the payment, but the Defendant did not pay the F's retirement allowance of KRW 1,678,670 within 14 days from the date of the retirement, from January 15, 2012 to July 31, 2014, without any agreement between the parties to the extension of the due date for the payment.

The defendant of "2015 Highest 725" is a person who actually operates the H medical foundation of the Gwangju Mine-gu, which is a medical corporation located in the Gwangju Mine-gu, and engages in health business using 97 regular workers.

From June 7, 2012 to September 30, 2014, the Defendant did not pay KRW 165,841,278, total sum of 85 deposits of workers employed in the said workplace, as shown in the attached list of crimes (2), as well as KRW 1,404,538, Sept. 9, 2014, to workers employed in the said workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2015 Height345]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each petition of F, J, K, L, and M;

1. Investigation report (2015 highest 725);

1. Defendant's legal statement;

1. Each police statement on I, N,O, and P;

1. Each petition of 85 persons, including I;

1. The current status of wages paid in September 2014;

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