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(영문) 수원지방법원 성남지원 2017.05.22 2016고단3191

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant is the representative director of the building C(State) in the building C(S) in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; and (b) the Defendant is an employer who operates the manufacturing business of medical appliances using 20 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and if under special circumstances, the period may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, from July 18, 2007 to May 29, 2015, paid KRW 18,239,080 in total, including deposit of KRW 2,253,251, etc. on January 1, 2015 to workers D who worked in the said workplace from around July 18, 2015, without an agreement between the parties on the extension of the payment date, did not pay KRW 129,251,924 in total for six workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant, from July 18, 2007 to May 29, 2015, did not pay KRW 26,366,836 of the retirement allowances of workers D who worked in the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, and did not pay KRW 67,709,784 in total for six workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

The defendant 123 of "2017 Highest 123" is an employer who operates the manufacturing business of medical devices using 20 full-time workers as the representative director of "C Co., Ltd." in Seongbuk-gu Seoul Special Metropolitan City B, and 1401.

An employer;