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(영문) 대구지방법원 2015.11.26 2013고단3178
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment for a term of two years and a fine of five million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013 Highest 3028] The Defendant is an actual operator of the L medical foundation M medical foundation Hospital in K in Busan Metropolitan City, who runs the hospital business by making use of 23 regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days, unless otherwise agreed by the parties concerned with an extension of the fixed date, from the time when the cause for such payment occurred.

Defendant is working in the above workplace.

On November 19, 2012, N's wages of 4,423,040 won and retirement allowances of 7,417,664 won, total 11,840,704 won were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

[2013 Highest 3178] The Defendant is the actual representative of the K Medical Corporation in Busan Metropolitan City M&C Hospital M&C, and is an employer who ordinarily employs 48 workers and runs the medical business from November 26, 2004.

1. Violation of the Labor Standards Act

(a) When a worker retires, the employer shall pay the wages and all other money or valuables within fourteen days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of such payment;

Nevertheless, the defendant is working in the above workplace, such as the attached list of crimes (However, excluding Nos. 4, 5, 9, 14, 16, 19, 20-25, 27, 32-34, 40, 45, 46, and 48).

Wages, etc. of retired workers have not been paid for 14 days from the date of retirement without an agreement extending the period of payment.

(b) An employer shall specify working conditions such as wages, working hours, holidays and annual leave under the Labor Standards Act when concluding an employment contract.

In such cases, matters such as the constituent items, calculation method and payment method of wages, contractual work hours, holidays and annual leave under the Labor Standards Act shall be specified in writing and delivered to the worker if requested by the worker.

Nevertheless, the defendant.

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