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(영문) 대구지방법원 경주지원 2015.10.28 2014고정297
근로기준법위반등
Text

Defendant

The sentence for B shall be suspended.

Defendant

B violates the Labor Standards Act in the case of 2014 fixed-term 297 against B.

Reasons

Punishment of the crime

From August 6, 2014, the Defendant is an employer who employs 48 full-time workers as the representative of the D Hospital located in Si-si from August 6, 2014 and engages in medical and health business.

[Violation of the Labor Standards Act] When an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant worked at the above workplace and retired on September 24, 2014, and the same year.

9. The sum of wages of KRW 17,225,230 (attached Form 18 Nos. 18) was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant B’s legal statement

1. Prosecutions and police suspect interrogation protocol regarding Defendant B;

1. Application of Acts and subordinate statutes to a petition (E), each statement on delayed payment of money and valuables, and telephone statement (E);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection portion of the prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence

1. Defendant B’s violation of the Labor Standards Act in the 2014 High 297 Case against Defendant B, the violation of each Labor Standards Act in the separate sheet (1) Nos. 1 through 17 in the separate sheet of crimes in the 2015 High 524 Case, each violation of the Guarantee of Workers’ Retirement Benefits Act, and a summary of the facts charged against Defendant A “2014 High 297”)

A. From August 5, 2014, Defendant A is an employer who employs 48 full-time workers as the representative of the D Hospital located in Young-si, who is engaged in medical and health business by employing 48 workers.

1) The Defendant committing a crime resulting from unpaid wages at the above workplace on July 1, 2014, with wage of KRW 878,720, which is a retired employee on February 1, 2014, and wage of KRW 1,774,880, and annual allowance for April 1, 2014.

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