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(영문) 수원지방법원 평택지원 2017.05.10 2016고단1452
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2016 Highest 1452] Defendant 1 is the actual operator of the E Medical Foundation F Hospital in Pyeongtaek-si D, who is a medical corporation operating a medical service business (general hospital) using 112 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, allowances, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked at the pertinent hospital from September 1, 2014 to February 10, 2015, and did not pay the total of KRW 608,30,487, including total of KRW 68 of workers’ wages, etc., as indicated in the attached crime list, in total, KRW 9,000,000 for December 2014, and KRW 19,000 for January 2015, and KRW 9,500,000 for February 2015 without agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant, from June 11, 2014 to June 30, 2015, worked at the above hospital and did not pay KRW 2,601,216 of H’s retirement pay to retired workers from the above hospital within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, and did not pay KRW 64,975,066 in total for 16 employees, as indicated in the list of crimes in the attached Table.

[2016 Highest 2391] The Defendant is a director of the medical corporation E medical foundation and a real operator of E company.

1. On May 9, 2014, the Defendant acquired the leased deposit money by fraud is to lease the leased money to the victim I by constructing a new building to Pyeongtaek-siJ on the first floor to pay 600 million won to the victim I in the F Hospital office located in Pyeongtaek-si D.

“The phrase “ was false.”

However, the defendant was born during the process of acquiring a hospital.

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