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(영문) 창원지방법원밀양지원 2020.09.08 2020고단107
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

The Defendant, as the representative of the RS convalescent, is a medical corporation located in Q Q, who employs 106 full-time workers and operates health business.

1. When a worker dies or retires, the employer concerned with unpaid wages, etc. shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

The defendant has worked as a nurse at the above hospital from June 11, 2018 to June 30, 2019.

T’s wages of 3,812,440 won and 612,440 won of paid leave allowance not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned; and as stated in the details of the money and valuables in arrears for each individual and the details of the money and valuables in arrears for each individual, 88 workers’ wages and allowances not used for paid leave were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

[The details of the money and valuables in arrears by individual person (1) Nos. 23, 30, 79, 80, 83, 84, 85, 86, 94, 95, 96, 97, 98, 99, 101). 2. Where a worker retires, the employer who has not paid retirement allowances must pay the retirement allowances within 14 days from the time when the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in special circumstances.

The defendant has worked as a nurse at the above hospital from June 11, 2018 to June 30, 2019.

The retirement allowance of 3,715,840 won of the retired retirement allowance is not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, and the total amount of 71 employees' retirement allowance is paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

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