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(영문) 춘천지방법원 원주지원 2015.11.25 2015고정426
근로기준법위반등
Text

Defendant

B Medical Center shall be punished by a fine of three million won.

Defendant

The sentence of sentence against A shall be suspended.

Defendant .

Reasons

Punishment of the crime

Defendant

B Medical Center is a corporation that employs 234 full-time workers in E and engages in medical business, and Defendant A is a representative of the above corporation.

1. Defendant A

A. Violation of the Labor Standards Act 1) An employer who has violated the Labor Standards Act due to unpaid wages must pay wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred if a worker dies or retires. Nevertheless, the Defendant, despite the fact that the Defendant, from March 1, 2013 to February 1, 2015, worked as a nurse at the “B Medical Center” as a nurse and did not pay KRW 134,660, the difference between the minimum wage amount as stated in subparagraph 1(b) below and the minimum wage amount within 14 days from the date of retirement without any extension of the due date under an agreement between the parties, as described in the attached Form 1(b), and did not pay KRW 2,205,740,000 for workers retired from the said “B Medical Center” as described in the attached Form 1(b) and did not pay them within 14 days from the date of retirement without any extension of the due date under an agreement between the parties.

Nevertheless, from March 1, 2013 to March 1, 2013, the Defendant paid G’s wages that he worked as a nurse at the “B Medical Center” as follows.

As stated in the attached Table 2, the wage of 19 workers employed by the above “B medical personnel” shall be paid in the amount of wages less than the monthly minimum wage, including the amount of 516,420 won not paid on the 20th day of each month, which is a regular wage payment date, as shown in the attached Table 2:

By paying wages below the monthly minimum wage amount, 19,860,920 won in total was not paid on the 20th of each month on the regular payment date of wages.

(b) Any employer who violates the Minimum Wage Act shall be the worker to whom the minimum wage is applied.

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