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(영문) 광주지방법원 목포지원 2016.04.19 2015고단1578

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who actually operates the (oil)C engaged in the business of manufacturing vessel components in Yongama-gun B.

"2015 Highest 1578"

(a) An employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the date, when the employee retires;

From May 18, 2014 to June 30, 2015, the Defendant did not pay KRW 5,000,000, which was retired from office, to May 5, 2015 of D’s retirement, and did not pay KRW 99,910,000,000, total amount of wages of 23 employees of the aforementioned case, as indicated in the detailed statement of personal arrears.

As a result, the Defendant did not pay wages within 14 days from the date of retirement of the employee without an agreement on extension of payment period between the parties.

(b) An employer who violates the Guarantee of Retirement Benefits of Workers shall, when a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the date.

From May 18, 2014 to June 30, 2015, the Defendant, while working in the foregoing (former)C, did not pay the total of KRW 18,293,580, including KRW 5,554,710 of the retirement allowances of D retirement allowances retired from office and the total of four retirement allowances of the employees in the foregoing (former) as indicated in the detailed statement of arrears of each individual.

Accordingly, the Defendant did not pay a retirement allowance within 14 days from the date of his retirement without an agreement on extension of the payment date between the parties concerned.

"2016 Highest 79"

(c) An employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the employer has agreed on the extension of the date, when the employee retires.

Nevertheless, the Defendant worked in the above workplace from May 2, 2015 to May 31, 2015 and retired from the workplace from the above workplace from May 2, 2015. The wages of KRW 4,00,000, and from May 11, 2015 to May 27, 2015.