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(영문) 수원지방법원 2014.05.12 2014고단700

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a manufacturing business with 15 full-time workers in Suwon-si Co., Ltd., which is located in Suwon-si B 805.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the wages of KRW 1,059 in January 2, 2008, KRW 2,400,798 in February 2, 2013, KRW 2,400,798 in the said workplace, the wages of KRW 2,400,798 in March 2, 2013, KRW 778,310 in April 7, 2013, and KRW 5,580,965 in April 7, 2008, and KRW 2,29,250 in April 7, 2008 to April 30, 2013, KRW 265 in total, including the wages of KRW 2,368,08 in March 2, 2013, KRW 268 in the period of payment, and KRW 165,265,65,265,665,265,665,265, etc. within the period of payment.

(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 by agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,008,055 of the total retirement allowances of two workers, including D retirement allowances of KRW 2,361,589, and retirement allowances of KRW 3,646,466, from December 7, 2008 to April 30, 2013, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are victims under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.