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(영문) 수원지방법원 성남지원 2019.08.14 2017고단3240
근로기준법위반등
Text

All of the public prosecutions of this case are dismissed.

Reasons

I. Each of the facts charged in the instant case is a C representative director in Seongbuk-gu, Seongbuk-gu, Sungnam-si, who runs a business of manufacturing measuring instruments.

[2017 Height3240]

1. Violation of the Labor Standards Act;

(a) An employer who violates the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred, unless the parties agree on the extension of the due date;

Nevertheless, the Defendant, at the above workplace, worked in the said workplace from April 1, 2013 to June 30, 2017 and worked in the said workplace as well as in KRW 28,872,95 of D’s wages from August 27, 2007 to June 30, 2017 and did not pay KRW 41,685,460, totaling KRW 12,812,465 of E’s wages from the said workplace within 14 days from the date of the retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties to extend the due date.

(b) An employer who violates the Labor Standards Act (regular payment date) shall pay wages at least once a month on a fixed date;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the wages of KRW 1,973,213 on February 4, 2017, wages of KRW 1,848,883 on March 3, 2017, wages of KRW 1,840,583 on April 2017, and wages of KRW 1,840,583 on May 4, 2017, respectively.

2. 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 there exists any agreement between the parties on the extension of the due date.

Nevertheless, the Defendant retired from the above workplace after having worked from April 1, 2013 to June 30, 2017, after having worked in the workplace and having worked in the workplace 16,497,828 won of D retirement pay and from August 27, 2007 to June 30, 2017.

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