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(영문) 창원지방법원 2020.07.21 2019고정702
근로기준법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the medical corporation C located in Kim Sea-si B, is a user who operates a hospital affiliated to a medical corporation using 90 full-time workers.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working in the above hospital from August 23, 2016 to December 18, 2018.

Retired E’s wages of 408,303 won, 26,640 won, retirement pay of 2018, retirement pay of 3,974,546 won, total of 4,409,489 won, and employment from June 1, 2018 to August 31, 2018.

Without agreement between the parties on the extension of the due date for payment, the retired F shall not pay the total of 18,409,489 won, including 14,000,000 won of wages, retirement allowances, etc. of 2018, within 14 days from the date of retirement of each worker.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written complaint, petition, and written statement of the victims;

1. Details of the employment insurance history investigation, calculation of retirement allowances, overdue money and other valuables, employment contract, and details of the unpaid amount of the person who retires;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 (E’s violation of the Labor Standards Act concerning unpaid Retirement Benefits and between violations of the Guarantee of Workers’ Retirement Benefits Act);

1. Selection of each selective fine for punishment (a fine shall be maintained, as it reflects the details of partial payment at the time of summary indictment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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