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(영문) 수원지방법원 안산지원 2016.12.15 2016고단3941

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C in Ansan-si, is an employer who is engaged in a warehouse management agent by using 11 regular workers. A.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables, unless the parties have agreed on the extension of the fixed date, within 14 days after the cause for such payment occurred, due to special circumstances.

The Defendant has worked from December 1, 2002 to October 11, 2015 at each of the above workplaces.

4,710,820 won in total (1,509,520 won in 2013 1,625,950 won in 2014 1,575,350 = 4,710,820 won in 2015), and working from December 1, 2002 to October 19, 2015.

6,307,650 won in total (2,056,690 won in 2,055 = 6,307,650 won in 2014, 2014, 2,267,450 won in 2,056,690) and working from October 26, 209 to September 25, 2015.

3,160,340 won (1,048,320 won, 201, 201,139,620 won, 201,139,620 won = 3,160,340 won, total amount of non-annual paid leave allowances of retired workers F, 14,178,810 won, including 972,400 won, 2014) for non-annual paid leave allowances of retired workers, within 14,178,810 won, without any agreement between each party to extend the date.

(b) 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, unless otherwise agreed by the parties concerned on the extension of the fixed date;

From December 1, 2002 to October 11, 2015, the Defendant is working at the above workplace.

Retirement pay of retired workers D 38,778,300 won (unsettled amount of KRW 24,79,723) and work from December 1, 2002 to October 19, 2015.

Retirement allowance of retired workers E (38,134,860 won (unsettled amount of 38,134,860 won) and work from October 26, 2009 to September 25, 2015.

Three workers, including 20,943,120 won (7,943,120 won) of retirement allowances of retired workers.