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(영문) 전주지방법원 2016.03.03 2015고단543
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

Of the facts charged in the instant case, each of the labor standards for victims B and C has been violated.

Reasons

Criminal facts

The defendant is the representative of P Hospital, which is an incorporated association in Jeonju-siO, who runs a health business with 30 full-time workers.

"2015 Highest 543"

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the fixed date due to any special circumstances;

However, the Defendant did not pay the total amount of wages of KRW 117,612,708 as of March 20, 2014 to December 31, 2012 of the same year, including KRW 2,50,00 on July 1, 2014 of the annual wage schedule of Q crime (1) in the attached Form (1) (excluding No. 2,4,6,7, 11, 13, 14, 15, 16, 18, 20), 15 as the sum of wages of KRW 79,17,612,70 as of filing an indictment of KRW 720, the total amount of wages of KRW 38,414,98, 79, 197, and 720 from the date of each of the parties to the case without agreement on the extension of the period from the date of each of the parties to the case.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties agree to extend the payment period on the grounds of special circumstances.

In doing so, the defendant at the above workplace, who retired from the above workplace as a doctor for medical care protection from January 1, 2014 to January 31, 2015, as shown in (excluding No. 6,18 per annum) No. 1,432,817 of the annual retirement pay No. 5 in the list of annexed crimes (excluding No. 6,18), including six retirement pay No. 10,959,724 in total at the time of prosecution of KRW 13,485,714 in total at the time of prosecution of KRW 13,525,90 in addition to the retirement pay of KRW 2,525,90 in addition to the retirement pay of KRW 10,959,724 in each of the parties without agreement on the extension of the date of payment between the parties.

"2015 Highest 720"

1. Violation of the Labor Standards Act;

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