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(영문) 대구지방법원 포항지원 2019.10.23 2019고단677
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the D Hospital located in the North Korean Port C in the North Korean Port, and is an employer who conducts health business using 22 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant works in the above workplace.

On May 18, 2018, employees E retired from office around April 18, 2018, including the wage of 2.2.2 million won, from that time until June 1, 2018, did not pay 59,829,464 won in total as stated in the [Attachment 1] No. 1, 2, and 4 through 16 of the crime sight table from that time until June 1, 2018, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each written petition;

1. Application of Acts and subordinate statutes to details of overdue money and valuables;

1. Relevant statutory provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts as well as the choice of fines (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009)

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the D Hospital located in the North Korean Port C in the North Korean Port, is an employer who provides health services using 22 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That in special circumstances, the parties concerned shall be concerned.

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