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(영문) 춘천지방법원 강릉지원 2014.10.08 2014고정284
근로기준법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a medical corporation D representative located in Gangnam-si C, and is an employer who runs the medical business using 40 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 2,235,948 and F’s wage of KRW 10,650,000 working at the above workplace as shown in the attached Table 3 and 7, within 14 days from the date of retirement, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each document of E and F;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant recognized his mistake and reflects his mistake; (b) the primary offender was the employee E; and (c) the account transfer of KRW 2,070,570 out of the above wage on July 1, 2014 to the employee E; and (d) the Defendant’s age, character and conduct; (b) the circumstances leading to the instant crime; and (c) the following developments, etc., the sentence is determined

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, as the representative of medical corporation D, did not pay the worker G wages of KRW 1,353,250 per annum of the annexed crime list, KRW 2,961,410, workers H wages of KRW 30,677,169, worker J wages of KRW 1,280,100, worker K wages of KRW 2,43,160, and KRW 2,43,160, respectively, within 14 days from the date of retirement without any agreement on extension of the due date.

2. Request for judgment and rejection of prosecution;

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