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(영문) 창원지방법원 통영지원 2016.11.10 2016고단933
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who is a person in charge of business operation who employs 35 full-time workers under the trade name of C Hospital in the city of Gyeongnam-si.

1. From July 1, 2015 to December 20, 2015, the Defendant violated the Labor Standards Act: (a) served as an administrative director at the pertinent hospital; (b) did not pay KRW 23,451,923 in total for four retired workers as stated in the attached Table No. 10, 11, 14, and 19, as well as the attached Table No. 10, 14, and 19, respectively, within 14 days from each date of retirement, without any agreement on the extension of the due date between the parties.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act was serving as an assistant nurse at the above hospital from March 17, 2014 to December 20, 2015, and the Defendant did not pay 6,196,932 total amount of retirement allowances of two retired workers within 14 days from each date of retirement, as described in the attached Table Nos. 10 and 11, as stated in the attached Table Nos. 10 and 11.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Details of arrears, calculation of retirement allowances, and wage ledgers;

1. Application of the Extradition Report Act

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and the choice of fines, Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant's mistake that the defendant has no previous criminal record and has committed an offense, in addition, the defendant's age, character and conduct, environment, and circumstances leading to the crime.

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