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(영문) 대전지방법원 천안지원 2017.12.22 2017고단523
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is an employer as the actual manager of the C Medical Foundation D D Hospital located in Seoan-gu, Seoan-gu, Seoan City.

When a worker dies or retires, the employer has not paid wages, compensations, and other money and valuables within 14 days from the date of the occurrence of the cause for such payment, but the Defendant was employed from January 1, 2016 to July 1, 2016 at the said workplace and has retired from the said workplace within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties concerned, as shown in attached Table 37, 44, 46, 127 won, including the wage of 15,123,00 won in May 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each relevant statute;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] shall be determined as the sentence in consideration of the various sentencing conditions indicated in the instant trial proceedings, including the following: (a) the basic area (not less than KRW 100 million): The basic area (not less than June to January 1): The 1st step increase [the person subject to special sentencing] as a result of the combination of concurrent crimes, is contrary to the absence of any one step increase [the decision subject to special sentencing] [the decision subject to special sentencing]; (b) there is no history of identical crimes; (c) the amount of unpaid amount

Rejection of Public Prosecution

1. The summary of the facts charged is that if a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, the Defendant is to extend the payment period between the parties, as shown in attached Table 20, 28, 32, and 54 of the daily table of crimes, including the FF’s wages of 1,719,90 won in April 1, 2016 and July 7, 2016.

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