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(영문) 춘천지방법원 강릉지원 2013.08.14 2013고단116
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative of the Dental Hospital Hospital in the Gangwon Sea, is a medical corporation located in the Dental Group C, who runs the medical business by employing 70 full-time workers, and the employer is obligated to pay wages, compensations, retirement allowances, etc. within 14 days from the time when the cause for such payment occurred.

1. The Defendant provided labor from February 6, 2003 to July 20, 2012 at the above workplace.

The retired E’s allowances of 260,000 won for September 201, 201, the allowances of 380,000,000 won for October 10, 201, the allowances of 525,000 won for February 2012, the allowances of 525,000 won for March 2012, the allowances of 525,000,000 won for April 5, 2012, the allowances of 375,000 won for July 2012, the allowances of 375,000 won for 547,510 won for May 207, 201, the wages of 77,57,570 won for October 10, 201, the allowances of 1,539,130 won for 1, 2012, the allowances of 1,539,10, and 198, including the retirement allowances for retirement workers.

2. The Defendant did not pay 100,398,570 won, including retirement allowances of 20,484,360 won for E retired workers, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment due date, as shown in the list of offenses (the part concerning retirement allowances) in the annexed list of crimes (the part concerning retirement allowances for E retired workers).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the relevant Acts and subordinate statutes to each written petition and each written statement;

1. The pertinent legal provisions on criminal facts, Articles 109(1) and 36 of the Labor Standards Act on the selection of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (which refers to unpaid retirement allowances), and each prosecutor of the choice of imprisonment was indicted by applying Articles 109(1) and 36 of the Labor Standards Act in a lump sum, instead of distinguishing the unpaid retirement allowances from the unpaid ones.

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