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(영문) 인천지방법원 2014.09.25 2012고단11660
근로기준법위반
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

On April 10, 2014, Defendants were indicted to the Incheon District Court for fraud, etc. and are currently pending in the appellate trial.

[2012 Highest 1160] Defendant A is the operator of the “F Hospital” in Gyeyang-gu Incheon Gyeyang-gu.

The Defendant did not pay KRW 12,646,989, total amount of wages of two retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as described in No. 8 and No. 18, 2012, G workers who worked in the said workplace from April 1, 2012 to May 9, 2012, and wage of KRW 591,819, total amount of KRW 2,564,549, which was May 2012, and the Defendant did not pay KRW 12,646,989, total amount of wages of two retired workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

[2013 Highest 5521] The Defendants are married family members, and those who operate the “F Hospital” in Gyeyang-gu Incheon Metropolitan City.

1. In collusion with the Defendants, from November 21, 201 to October 2, 2012, workers H’ wage of KRW 1,812,50 on August 8, 2012, and wage of KRW 2,812,50 on September 2012, 2012, the Defendants did not pay KRW 1,812,50 on September 1, 201, within 14 days from the date of retirement without any agreement between the parties on extension of the payment date between the parties, and did not pay KRW 18,695,282 on a total of nine retired workers’ wages, etc. within 14 days from the date of each of the causes for the payment.

2. In collusion with the Defendants, the Defendants did not pay KRW 1,314,493 to retired workers I as stated in the [Attachment Table 6] Nos. 2, 694,94, and 11 within 14 days from the date of retirement, as well as the amount of KRW 8,694,94, respectively, as stated in the [Attachment Table 6] Nos. 2, 6, 8, and 11.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness J, H, K, L, M.

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