근로기준법위반등
The prosecution of this case is dismissed.
The Defendant, as the representative of Ansan-si, who is an employer who manufactures information and communications equipment by utilizing 50 full time workers, is an employer who is engaged in the manufacturing business of information and communications equipment.
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.
The Defendant did not pay KRW 97,642,864, total sum of money and valuables of 11 workers within 14 days from the date of each retirement, as shown in attached Table 1, such as D-’s wage of KRW 1,750,300, monthly wage of January 2016, which worked from around April 11, 2006 to April 29, 2016, without any agreement on extension of the due date.
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 may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant did not pay the total amount of KRW 62,764,317 of the eight retirement allowances, including KRW 16,914,202, within 14 days from the date of each retirement, as shown in attached Table 1, such as the retirement allowances of the above D, within the above workplace.
3. 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.
The Defendant made an agreement on the extension of the payment deadline for KRW 73,689,448 of the total amount of money and valuables of five workers, as shown in attached Table 2, such as the wage of KRW 2,090,810 on November 2015, which he/she worked from around August 8, 2014 to February 19, 2016.