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(영문) 수원지방법원 2017.07.12 2016고정2136
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 29, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation by force, etc. on duty), etc. at the Jung-gu District Court, and the judgment became final and conclusive on June 6, 2017.

The defendant is an employer who is engaged in health business by employing 20 full-time workers as the president of the D convalescent Hospital located in Yeongdeungpo-gu C.

[2016 High Court Decision 2136]

1. The Defendant violated the Labor Standards Act including that the Defendant did not pay KRW 8,074,91 in total within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as stated in the attached list of crimes, when working in the aforementioned D convalescent hospital from June 23, 2014 to September 17, 2015, the amount of KRW 4,390,690 in 2014, the amount of wages of KRW 1,610,00 in August 2015, the amount of wages of KRW 1,493,277 in September 2015, and annual allowances of KRW 580,94 in total,94,91 in the amount of KRW 8,07,46,461 in total, and was paid within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers was working in the aforementioned D convalescent Hospital from June 23, 2014 to September 17, 2015, and the Defendant did not pay KRW 1,950,409 of the retirement allowances of retired workers E within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, and did not pay KRW 19,927,024, total amount of eight retirement allowances of the retired workers, as shown in the list of crimes in the attached Form, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.

[2016 Highly 2594] Defendant Company paid 49,200,000 won in total as of June 23, 2014 to July 31, 2015, as well as money and valuables in arrears in the attached Form, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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