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(영문) 인천지방법원 2018.10.24 2017고단3693
근로기준법위반등
Text

Defendant shall be punished by imprisonment with prison labor of three years and six months and by a fine of one million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative of the C convalescent Hospital in Gyeyang-gu Incheon, who is an employer who engages in medical business by employing 50 full-time workers.

The Defendant paid the amount equivalent to KRW 1,650,00 on November 3, 2016, which was retired from office in the above hospital from August 8, 2016 to November 30, 2016, to KRW 1,650,000 on which he/she retired from office, within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned.

In addition, the Defendant did not pay the total amount equivalent to KRW 6,912,00 for three workers, such as the one (No. 3,5,99) table of attached crimes (No. 3,5,99) within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.

"2017 Highest 4874"

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from December 5, 2016 to February 9, 2017, the Defendant did not pay three workers’ total wages of KRW 9,195,672, respectively, within 14 days from the date of retirement without agreement on the extension of payment date between the parties, as stated in attached Table 2 (No. 5 to 7) including the total amount of KRW 2,80,000,000,000, which is the wage of KRW 1,30,000 on December 12, 2016, and the wage of KRW 9,00,000 on February 2, 2017.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay 7,701,780 won of F's retirement allowance from May 14, 2014 to February 6, 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

The Defendant of “2017 Highest 7922”, the Defendant, from September 21, 2016 to January 10, 2017, retired from the said hospital, was on November 1, 2016, wages of KRW 10,000,000, when serving in the said hospital.

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