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Reasons
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(영문) 수원지방법원 2014.04.24 2014고정474
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative of the C Hospital, is a medical corporation located in Yongsan-si B, who operates a general hospital with 40 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the time.

Nevertheless, the Defendant did not pay 25,154,910 won in total, including wages, of five workers, within 14 days from the date of retirement where the cause for payment occurred without an agreement between the parties on the extension of the due date for payment, as stated in the attached Table, as well as D’s wage 1,50,000 won on December 1, 201, which served as a cook at a hospital kitchen from January 1, 201 to December 10, 2012.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 390,270 in the remainder of E retirement pay from November 1, 201 to December 10, 2012 at the same place of business within 14 days from the date of retirement in which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and F;

1. Each statement of G and H;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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