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(영문) 대구지방법원 경주지원 2021.01.06 2020고정201
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative of D Hospital C in the racing-si, who ordinarily employs approximately 40 workers and operates a hospital.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay 1,829,430 won of E's wages of workers retired from office around March 25, 2020, 3,775,620 won of F's wages of workers retired from office around March 31, 2020, 1,935,310 won of G workers retired from office on the same day, and 1,815,310 won of H's wages of workers retired from office on the same day within 14 days from the date of each retirement.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, on March 31, 2020, the Defendant did not pay KRW 7,841,088 of F's retirement allowance of the employee retired from the above hospital, KRW 14,589,932 of G's retirement allowance of the employee retired from the same day, and KRW 14,598,762 of H's retirement allowance of the employee retired from the same day within 14 days from the date of each retirement.

Summary of Evidence

1. Statement of the police statement made by the defendant against F in the legal statement of the defendant, the ledger of February 2, 2020 to March 2, 2020 to the retirement allowance calculated (F)

1. Statement of the police statement with respect to B, and the monthly benefit ledger (E) of March 2020;

1. F’s filing of each complaint, the details of the unpaid money and valuables (B,F, G, H) and the application of the Act and subordinate statutes of the F’s filing of the complaint (G, H, and H);

1. Article 109 (1), Article 36 (Payment of Wages) of the Act on the Standards for Workers' Retirement Benefits, and Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

1. Commercial concurrence;

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