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(영문) 창원지방법원 진주지원 2014.03.27 2013고단1203
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 1203]

1. The Defendant is an employer, who employs 50 full-time workers as the representative director of C Foundation D Hospital located in Sacheon-si B from August 27, 2013 and operates a health business as a person in charge of the health business.

The Defendant in violation of the Labor Standards Act did not pay KRW 2,127,100, total wages of 23 workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment without agreement between the parties to the extension of the due date for payment, as stated in the attached Table of Crimes (the details of arrears by individual) including KRW 2,127,10,00, who worked as an assistant nurse at the above hospital from September 1, 2008 to September 16, 2013.

B. The Defendant violated the Act on the Guarantee of Workers' Retirement Benefits did not pay the total amount of 86,223,540 of the retirement allowances of 18 workers as stated in the attached Table of Crimes (the details of personal arrears) including E retirement allowances of 5,486,250 won working at the above hospital, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension of the payment.

[2013 Height1276]

2.(a)

The Defendant in violation of the Labor Standards Act did not pay KRW 71,243,050, total wages of 21 workers within 14 days from the date on which the cause for payment occurred, as stated in the attached Table, as well as KRW 1,932,830, which was worked as an assistant nurse from September 3, 2012 to September 14, 2013 at the above hospital, as well as KRW 1,932,830, which was worked as an assistant nurse in August 2013, and September 2013.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 1,351,710 of the F retirement allowances working as an assistant nurse from September 3, 2012 to September 14, 2013 as well as KRW 80,315,620 of the total amount of 17 employees’ retirement allowances within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

[2014 Highest 129]

3.(a)

The Defendant violates the Labor Standards Act at the above hospital.

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