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(영문) 대전지방법원 논산지원 2014.02.11 2013고단246
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

The defendant, as the representative director of the E-Foundation F Hospital in E-Foundation D, has been operating medical service business using 30 full-time workers.

1. Violation of the Labor Standards Act due to delayed payment of wages;

A. The Defendant did not pay a total of KRW 194,740,361 of wages of 27 workers on the relevant regular payment date, as indicated in the attached Table 1 of Crimes, including KRW 10,316,316 of annual allowances of 2012, the total of KRW 194,786,01, and KRW 194,740,361, and KRW 27 of wages of 27 workers, as indicated in the attached Table 1 of Crimes.

B. The Defendant did not pay KRW 2,250,000 on September 10, 2012 to Workers H, who had worked from April 20, 201 at the foregoing workplace, on August 20, 201.

2. A defendant who violates the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act due to a violation of obligation to liquidate money or other valuables.

(a) Workers I’ retirement allowances of 6,893,949 won, when serving from November 13, 2009 to October 23, 2012;

(b) 2,836,861 won in total of 1,166,60 won in July 2, 2012 of the LaborJ’s retired workers who were on duty from May 12, 201 to July 31, 2012, and annual salary of 293,665 won in 2012, and retirement allowance of 1,376,596 won in total, 2,836,861;

C. From May 7, 2009 to August 31, 2012, 2012, the amount of KRW 3,070,00 for the wages of 3,070,000 for the retired workers on July 7, 2012, the amount of annual salary of August 2012, the amount of KRW 1,148,325 for the annual salary of 2012, the amount of annual salary of KRW 1,90,124 for the retirement allowance of 10,156,565 for the total of KRW 19,435,014 for the retirement allowance of 2012;

D. From March 3, 2011 to September 30, 2012, the amount of KRW 1,583,300 on July 7, 2012 of L of retired workers who were employed and were employed until September 30, 2012, the amount of KRW 1,583,30 on August 201, the amount of wages of KRW 1,583,30 on September 201, the amount of wages of KRW 1,583,30 on September 2012, the amount of annual salary of KRW 217,608 on the annual salary of KRW 2,452,747 on the total of KRW 7,420,285 on retirement allowances;

E. From February 27, 2010 to June 30, 2012, four workers, including KRW 962,258, retirement allowances, KRW 3,338,324, total amount of KRW 4,300,582, while serving in the period from February 27, 2010 to June 30, 201, as indicated in attached Table 2.

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