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(영문) 대구지방법원 영덕지원 2015.10.14 2014고단161
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant of "2014 Highest 161" is a person who is the representative of an I Hospital located in Young-gun, Young-gun, and operates a medical business using 60 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, who retired on September 1, 2014, did not pay KRW 4,726,968 as wages of the J's 7,8 August 2014, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned. The Defendant failed to pay KRW 49,000,000 for the month of September 11, 2014 within 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol of statement prepared by a special judicial police officer;

1. Written statement prepared by a special judicial police officer;

1. A written petition of L (representative of workers), written consent to the selection of representatives from L and 26 persons, written consent to the selection of representatives from N and 18 persons, written consent to the selection of representatives from N and six persons, and written consent to the selection of representatives from

1. Written petition by J;

1. To arrange the details of the amount in arrear, to arrange the amount in arrear, to 78 employees, basic data for wage calculation, to adjust wages to 74 employees, and to apply the Acts and subordinate statutes of the verification source of the amount in arrear;

1. Relevant statutory provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (Consideration of fines, amount of unpaid money and valuables, and amount of 15,000,000 won out of wages for K damaged workers, etc.)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the violation of the Labor Standards Act with respect to K of Workers who have the largest number of concurrent crimes);

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

I. Facts charged No. 1. 2014 Highest 161, the Defendant is the representative of the I Hospital located in Yong-gu, Chungcheongnam-gun.

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