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(영문) 서울동부지방법원 2016.10.26 2016고단845
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is the representative of the “D Special Hospital for the Aged” located in Gangdong-gu Seoul Metropolitan Government, who operates the operation business of medical welfare facilities for the aged. A.

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

Nevertheless, the Defendant, at the above hospital, worked for July 1, 2015 to December 31, 2015 and did not pay KRW 5,379,692 to retired workers E within 14 days from the date of his/her retirement, as shown in the attached list of crimes (1) and did not pay KRW 445,505,524, including the total of 66 workers’ wages, within 14 days from the date of his/her retirement, respectively.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the above hospital from July 1, 2012 to December 9, 2015, did not pay KRW 6,039,385 of the F's retirement pay to retired workers within 14 days from the date of the retirement, and did not pay KRW 319,728,902 in total for 51 employees as shown in the attached list of crimes (1) within 14 days from the date of retirement, respectively.

2. The Defendant, as the representative of the “H hospital” located in the Gangwon-gu Armed Forces G of the Gangwon-do, is an employer operating medical welfare facilities for the aged. A.

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

Nevertheless, the Defendant was serving in the above hospital from August 25, 2015 to December 20, 2015 and did not pay KRW 3,947,030 of the I’s wages to retired workers within 14 days from the date of his retirement, and attached list (2) of crimes committed.

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