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(영문) 대전지방법원 논산지원 2016.02.12 2015고단273
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the employer who operates the D Hospital located in C in Esan-si.

1. The Defendant worked at the foregoing workplace from December 16, 2013 to July 31, 2014, and did not pay KRW 31,517,010 to E, who retired from office, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties, and did not pay KRW 85,986,632 in total for 13 workers, as shown in attached Table 1 of the daily list of crimes committed in the attached hereto, within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties.

2. The Defendant worked at the pertinent workplace from August 11, 2014 to October 10, 2014, and did not pay KRW 1,640,668 to retired F, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, and did not pay KRW 57,286,882, including the total amount of wages and retirement allowances to 14 workers, as shown in the attached Table 2 of the daily list of crimes committed in the attached hereto, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

3. From April 13, 2009 to May 16, 2014, the Defendant did not pay KRW 14,108,169 of retirement allowances to G retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to G, H, I, J, and K;

1. A written petition prepared by LMN,O,K, P, J QRST, KFUVWYABABADDAFAH;

1. Application of Acts and subordinate statutes to a written agreement, letter, business registration certificate, labor contract, payment details, certified copy of the corporate register, average wages and retirement allowances, confirmation of acquisition and loss of eligibility for health insurance, and details of account transactions;

1. Article 109 of the relevant Act regarding criminal facts, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (which means payment of wages), Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for each worker (which means payment of unpaid wages), and Article 2 of the Selection of Imprisonment.

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