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(영문) 수원지방법원 안산지원 2019.11.28 2019고단3142
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an employer who operates a T Hospital using 26 workers in Ansan-si S.

When a worker retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 31,093,353, and the total amount of KRW 5,717,920 as well as retirement allowances, such as wages, bonuses, annual allowances, etc., 3,9,91, 15, 16, 18, 20, 18, 20, 20, 22, and 26 in the list of crimes against employees who worked and retired at the above hospital within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written statement;

1. Application of statutes on business registration certificates;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is an employer who operates a T Hospital using 26 workers in Ansan-si S, Ansan-si.

When a worker retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant paid 65,00 won in total, including wages, bonuses, annual allowances, and retirement allowances, and 32,475,930 won in total, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, for employees who worked at the above hospital and retired from the hospital.

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