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(영문) 부산지방법원 동부지원 2016.08.22 2015고정1561
근로기준법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the N Hospital located in Busan-gun M., and is an employer who runs a health business with 82 full-time workers.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other equivalents, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay KRW 2,649,790 of the O’s wages in May 13, 2015, which had been employed by the said workplace on January 13, 2014, on June 5, 2015, the date of the regular payment of wages, and on June 5, 2015, the Defendant did not pay KRW 1 through 10, 12 through 18, 21, 25 through 30, 32 through 36, 38 through 42, 44 through 5, 57 through 55, 57, 59, 61 through 72, the aggregate of the money and valuables in arrears in the name of 61 workers, on every fifth day of the month following the regular payment of wages.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by theO by each police officer;

1. A complaint;

1. A detailed statement of the money and valuables in arrears by individual;

1. Application of each statute of implementation;

1. Article 109 (1) and Article 43 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant did not pay KRW 1,186,60 in May 5, 2015, which was employed on January 13, 2014 at the same workplace, on June 5, 2015, which was the date of the regular payment of wages, and that the Defendant did not pay KRW 11,19,20,22 through 24, 31, 37, 43, 56, and 60 in the number of money and valuables in arrears in attached Form 11, 19, 20, 22 through 24, 31, 37, 43, 56, and 60, respectively, on the 5th day of each month following the date of the regular payment of wages.

2...

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