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(영문) 인천지방법원 2017.11.23 2017고단5766
근로기준법위반
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the E Hospital in Seo-gu Incheon Metropolitan City, who employs 40 full-time workers and engages in medical business.

The Defendant, as indicated in attached Table 1, did not pay the amount equivalent to KRW 1,50,00,000 for the part of January 1, 2017, which was retired from office from around August 12, 2016 to March 23, 2017, and KRW 2,500,000 for the part of February 2, 2017, as well as KRW 1,910,00 for the part of March 2017, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. Application of the statutes on labor contracts;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 3350, Apr. 1, 2011; 2000; 3.00; 3.00; 3.00; 4. 4. 4. 4. 4. 4. 4. 4. 4. 4. 5. 4. 4. 4. 4. 1. 1. 1

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant did not pay KRW 8,557,783 in total for two workers, as stated in the attached Table 2, paragraph 3, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act (B, or C, after the institution of the instant public prosecution, submission of a criminal agreement on November 21, 2017, stating the intention of not to punish the public prosecution)

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