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(영문) 대구지방법원 2016.01.22 2015고단341
근로기준법위반등
Text

1. The crime committed by the Defendant is committed in violation of each Labor Standards Act set forth in Nos. 1 and 2 of the crime sight table (1) and the crime sight table (2).

Reasons

Punishment of the crime

[criminal record] On April 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of taking property in breach of trust at the Daegu District Court on April 3, 201, and the said judgment became final and conclusive on July 10, 2014.

[2015 Highest 341] The Defendant is the representative of the G Medical Foundation H Hospital in Daegu Jung-gu, and is an employer who ordinarily employs 80 workers and operates a medical business.

1. The Defendant violated the Labor Standards Act, while working in the above workplace from July 1, 1996 to November 30, 2013, the Defendant did not pay KRW 1,664,018, in total, to the retired employee I’s annual paid leave allowances, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 2,274,013, in total, of the annual paid leave allowances and bonuses of two workers, as indicated in Nos. 1 and 2 of the crime sight table (1).

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay 29,305,168 retirement allowances of the employee I retired as the date, time, and place under the preceding paragraph, within 14 days from the date of the retirement without agreement on the extension of the payment period between the parties concerned, and did not pay 51,890,143 won in total, including 12 retirement allowances of 12 workers, as described in the list of crimes (2) Nos. 1 through 10, 12, 13, within 14 days from the date of the retirement without agreement on the extension of the payment period between the parties concerned.

[2015 Highest 490] The Defendant is the representative of the G Medical Foundation H Hospital in Daegu Jung-gu, and is an employer who ordinarily employs 80 workers and operates a medical business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 2,90,90,901 from the date of retirement within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline between the parties, while working in the said workplace from November 16, 2003 to August 1, 2014, including wage of KRW 979,152, Oct. 15, 2013.

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