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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the violation of the Labor Standards Act against C.
Reasons
Punishment of the crime
The defendant is a person who operates the E Hospital located in Yangsan-si D and engages in medical business.
The Defendant worked as a nurse at the foregoing hospital from June 3, 2013 to September 10, 2013, and had not paid KRW 1,582,892 to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
In addition, the Defendant stated in the attached list of crimes (except No. 6, No. 23) as stated in the attached list of crimes (except for the case No. 6, No. 23) and the attached list of crimes attached to the application for permission to amend the bill of indictment filed on October 29, 2014, in the attached list of crimes, KRW 69,138,447. However, among them, the number No. 23 (G) and No. 43 (G) are duplicately stated. As such, the actual victimized employee who was indicted and the total amount of unpaid wages is KRW 365,246,67.
(2) The sum of the wages of 358,440,372 for the total 67 workers of the above hospital was not paid within 14 days from the date of retirement.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to filing a complaint and a petition for delayed payment of wages;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and the choice of punishment; Articles 109(1) and 36 of the same Act;
1. From among concurrent crimes, there are extenuating circumstances, such as the fact that the Defendant was punished once by a fine under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, there is no power to punish the Defendant, and that the Defendant could have caused the instant crime due to difficulties in hospital management. However, considering the fact that the number of employees who did not receive wages is 67,000 won, and the unpaid wages are 358,000 won, considerable damages to the employees, and that the unpaid wages have not been repaid most during the instant trial, the Defendant should be punished strictly, and thus, the Defendant is sentenced to imprisonment with prison labor.
However, in some of the workers and some of the unpaid wages until now.