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(영문) 수원지방법원 안산지원 2018.06.25 2018고단490

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of the (ju)C in Jin-si, is an employer who runs a manufacturing business using 26 full-time workers.

(a) An employer shall pay wages, compensations, and any other money or valuables within 14 days from the date on which the cause for such payment occurred, if the employee retires;

Nevertheless, the Defendant did not pay KRW 10,579,644 in total amount of wages from March 4, 2012 to June 30, 2017, and KRW 11,293,274 in total of wages from February 20, 2017 to July 31, 2017, and KRW 21,872,918 in total, from March 20, 2017 to May 31, 2017, without an agreement on the extension of the payment period between the parties to the said workplace.

2) Wages must be paid in full directly to workers in currency.

Nevertheless, the Defendant did not pay the monthly wage of KRW 9,642,76, total sum of KRW 16,934,547,547, from April 1, 2017 to May 2017, and from July 15, 2016, G from January 2017 to May 5, 2017, as well as the monthly wage of KRW 9,642,76, total of KRW 16,934,547.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay the amount of KRW 34,071,04, total amount of KRW 49,615,118, and the amount of KRW 49,615,118, which were worked at the said workplace from December 4, 2012 to June 30, 2017, within 14 days from the date of retirement where the cause for payment occurred, without agreement on the extension of the payment period between the parties.

2. Determinations are those falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act.