logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.12 2016고단6241
근로기준법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

Defendant

A is the president of the K Hospital in Soyang-gu, Soyang-gu, J, and Defendant B, the president of the above hospital, the Defendants jointly employed 80 full-time workers and operated the hospital business.

A. From September 4, 2015 to December 23, 2015, Defendants in violation of the Labor Standards Act did not pay KRW 1,239,032 of the retired workers E in December 2015 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, and did not pay KRW 1,239,032 of the retired workers E within 2015 within 14 days from the date of retirement, as described in the attached list of crimes in the attached list of crimes. The Defendants did not pay KRW 39,69,910 (excluding the part on Defendant A, with respect to E, F, G, H, and I) in total, 15 workers retired from the above K hospital without agreement on the extension of the payment period between the parties.

B. From December 1, 2011 to December 23, 2015, the Defendants conspired to act at the above K Hospital and did not pay KRW 7,975,849 of the retirement allowance of retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, and did not pay KRW 7,975,849 of the retirement allowance of retired workers within 14 days from the date of retirement within 14 days from the date of retirement as shown in the attached list of crimes in the attached list of crimes. The Defendants did not pay KRW 207,585,248 (excluding the part concerning Defendant A with respect to F, H, and I) within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Defendants’ respective legal statements

1. To apply Acts and subordinate statutes to the submission of data (including attached data), such as each written appeal (written statement), payment order, each written confirmation, and self-written statement, details of money and valuables in arrears, each average wage and retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the relevant Act as to facts constituting an offense, and Articles 109(1) and 36 of the Standard Labor Standards Act, Article 30 of the Criminal Act (in the event of payment of wages), Article 44 Subparag. 1, 9, and 30 of the Guarantee of Retirement Benefits of respective Workers (in the event of payment of retirement allowances), and each of the choice of imprisonment.

arrow