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(영문) 창원지방법원 2021.01.13 2020고정648
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 51 full-time workers in the trade name of C convalescent Hospital B at the window of Changwon-si and operates health business (convalescent hospital).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That where special circumstances exist, the date may be postponed by an agreement between the parties.

Nevertheless, the Defendant stated that the said workplace has served as a medical care assistance physician from June 30, 2016 to May 31, 2020, as the above workplace, KRW 59,109, KRW 535,253, KRW 635,253, KRW 610,501, KRW 610,200, KRW 610,201, KRW 3,090, KRW 309, KRW 3,090, KRW 317, and KRW 3,090, KRW 317,000 in the instant indictment, to the extent that the Defendant’s exercise of his right to defense is not likely to actually cause any disadvantage, and the foregoing amendment should be made ex officio without going through any amendment procedure.

A retirement allowance of KRW 6,022,422 was not paid within 14 days from the date of retirement, which is the date on which a ground for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the truth-finding by the police;

1. Application of Acts and subordinate statutes on the preparation of samples;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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