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(영문) 수원지방법원 2019.05.23 2018고정1384

근로기준법위반등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of C in Suwon-si, who ordinarily employs eight workers, is an employer who operates a private teaching institute business.

When a worker dies or retires, the employer 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 an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW D’s wages of 3,923,225 on August 1, 2017, which had been employed from October 1, 2015 to August 16, 2017 at the same place of business, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the total amount of KRW 27,919,905 of the retirement allowances of two retired workers, including the retirement allowances of KRW 12,696,285, and the retirement allowances of KRW 15,223,619, which were worked from August 19, 2014 to January 31, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

(c) An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the composition items, calculation method, payment method and contractual work hours of wages, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act shall be delivered to workers.

Nevertheless, on December 1, 2015, the Defendant is with worker D in the above workplace.