(영문) 대전지방법원 홍성지원 2017.7.19.선고 2017고단31 판결

However, the execution of the above punishment is suspended for two years from the date this judgment became final and conclusive.The prosecution against the violation of the Labor Standards Act against workers C, D, E, F, and G among the facts charged in this case is dismissed.

Reasons

Criminal facts

【Criminal Power】

On October 4, 2016, the Defendant was sentenced to three years of imprisonment for violation of the Medical Service Act and four years of suspended execution at the Gwangju High Court, and the judgment became final and conclusive on October 12, 2016.

【Criminal Facts】

The Defendant is the actual manager of the hospital in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who employs 90 full-time workers and operates a health business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay wages of 25 workers within 14 days from the date of retirement, such as the list of crimes in the attached Table, including the amount of wages of J 3,685,538, who worked at the aforementioned workplace from May 6, 2015 to July 17, 2015 (Provided, That this does not include Nos. 2, 6, 28, 29, and 30).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, K and L;

1. A written complaint and a written complaint;

1. The application of Acts and subordinate statutes to criminal records and investigation reports (Evidence No. 102);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 109(1) and 36 of the Labor Standards Act; the choice of imprisonment

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

The sentencing of Article 62(1) of the Criminal Act is based on the following circumstances and the defendant's age, character and conduct, environment, and the circumstances before and after the crime of this case, and all the conditions of sentencing as shown in the records shall be determined as ordered.

○ When committing the instant crime, it is necessary to consider equity between the final and conclusive judgment and the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act.

○ The outstanding amount in arrears is not specified

Public Prosecution Rejection Parts

1. Summary of the facts charged

The Defendant is the actual manager of the hospital in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who employs 90 full-time workers and operates a health business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay five workers’ wages within 14 days from the date of retirement, as described in the [Attachment] List Nos. 2, 6, 28, 29, and 30, including KRW 1,565,580, G’s wages from around April 1, 2015 to July 16, 2015.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with will: Article 109(2) of the Labor Standards Act; and Article 109(2) of the same Act; and

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;