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Reasons
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(영문) 창원지방법원 2015.11.30 2015고단1392
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[2015 Highest 1392] The Defendant is an employer who runs a medical service business in the name of “T Hospital” in Kimhae-si.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from November 1, 2013 to October 31, 2014, the Defendant worked as a cook at the above hospital and did not pay KRW 1,721,730 of U retirement pay to retired workers within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

[2015 Highest 2217] The Defendant is an employer who runs a medical service business in the name of “T Hospital” in Kimhae-si.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from February 9, 2015 to March 16, 2015, the Defendant did not pay the total amount of wages of KRW 2,800,00 in February 2015, wages of KRW 1,445,160 in March 2015, the total amount of wages of KRW 4,245,160 in the above hospital, and the number of wages of KRW 2,278,750 in January 2, 2015 to February 17, 2015 of the retired workers who worked at the above hospital and retired from office until February 1, 2015, KRW 3,537,540 in total, including wages of KRW 1,258,790 in February 2015, and KRW 3,537,540 in the payment period between the parties concerned, within 14 days from the date of retirement, respectively, without agreement on the extension of the payment period.

Summary of Evidence

[2015 Highest 1392]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. U’s written statement;

1. A petition;

1. Detailed statement of benefits and a statement of retirement allowance (2015 high-ranking 2217);

1. The defendant;

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