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(영문) 대구지방법원 2020.01.09 2019고단4084
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a medical corporation located in Cheongbuk-do Group B, which is the representative of Cmedical Foundation D Hospital, and is an employer who conducts medical business with 30 full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from April 18, 2017 to December 31, 2018 at the above workplace.

The retirement worker E did not pay the total of KRW 177,83,384 of wages and allowances to 21 workers as shown in the attached list of crimes, such as wages 2,072,780 won in March 2018, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from April 18, 2017 to December 31, 2018 at the above workplace.

The retirement allowances of retired workers E, including the retirement allowances of 3,846,575 won, were not paid 73,227,065 won in total to 10 workers, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, E, and I;

1. Submission of a detailed statement of benefits;

1. Submission of unpaid benefits and a list of workers for 2018;

1. Application of Acts and subordinate statutes to submit unpaid benefits;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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