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Reasons
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(영문) 창원지방법원 2014.10.28 2014고단1292
근로기준법위반
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1. The defendant shall be punished by imprisonment for eight months;

2. Of the facts charged in the instant case, the public prosecution against the employee C is dismissed.

Reasons

Punishment of the crime

The defendant is the representative of the E hospital, an incorporated foundation with the fourth floor of Kimhae-si, who operates the medical business.

1. The Defendant worked as an assistant nurse at the foregoing hospital on September 30, 2013, and did not pay KRW 4,187,190,00 of the total wages of employees F retired on September 30, 2013 within 14 days from the date of his/her retirement without agreement on the extension of the payment due date, as stated in the separate sheet (4 pages of the judgment) of the individual wages of four employees (excluding No. 2 C of the year) as stated in the separate sheet (4 pages of the judgment), and did not pay KRW 58,726,610 within 14 days from the date of his/her retirement without agreement on the extension of payment due date.

2. “The Defendant shall work at the relevant workplace from June 1, 2013 to September 30, 2013”

The parties did not pay the total amount of KRW 5,200,000, including the wage of KRW 850,000 in July 2013 to the retired workers G, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date, and the total amount of KRW 19,854,455, which is to be paid to six workers, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Summary of Evidence

1. The defendant's legal statement "2014 Highest 1292";

1. Each police statement made to H, I, and J;

1. A written statement of C and F;

1. Each written petition;

1. A copy of the benefit ledger "2014 Highest 1783";

1. Each police statement of K, L, or M;

1. Each complaint and each complaint;

1. Application of Acts and subordinate statutes governing the departure from employment insurance, a copy of a bankbook, a bottled service slip, an annual salary contract, a deposit details, a business registration certificate, a certificate of entire registered matters, and a certified departure

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

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